Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1927-11-28

TO the Sheriff or any Constable Of
60 r--


Cameron County-Greeting;
You nre Hereby Commanded to
summon 4. w. Smith and the un-
known heirs and legal representa-
tives az ID. WV Smith. deceased by
making publication Oh this Citation
| once i'm each week for fou successive
weeks previous 10 the return day
hereof. ia some newspaper published
in your County, to appear 90 the next
/ regular term Of the 103rd judicial
District Court Of Texas, within a
for Cameron County, 20 be holden at
the Court House thereof. In Browns
VILE, ON the ard Monday in December
"A. I'D. 1927, the same being the lvth
duy or December "A. ID. 1927, then and
there 60 answer " petition filed III
said Court on the lst day OF Novem-
Der A. ID. 1927 in a suit, numbered
on the docket of said Court No. 1872.
wherein James, Dickinson FARM Mort
gage Company, a corporation, ~
Plaintiff. and Hattie y. Smith, n
widow. Elsie Ann Smith; ~ W. smith
and the unknown heirs and legal rep
r~escntatiFes cf ~. WI. Smith, deceased,
are Defendants, and said petition IT.
leging: that BY deed recorded
in Volume 1S5. on page SAC. ct seq.
Deed Records Cameron County, Tex
as. plaintiff conveyed 20 the above
y. w. Smith and Hattie l.. smith y q
certain tract of land i'm Cameron
County, Texas being 81 acres out oI
The southeast corner or Block lbS'
In Share ~. in I'll Jardin Subdivision
Cameron County, Texrs, described Dy
metes and bounds M follows: Be
thinning AZ the s. +. corner Of Block
1863 Of Fl Jardin Subdivision IN
Share 81 for the 5. +. corner Of the
tract herein describeds thence with
the II. boundary az said Block l6S
NJ. 3 degrees 81 minutes H. 40 feet
IN the w. II. corner of said Block for
the N. VI. corner or the tract herein
described: thence with North b0un-
dairy line Of Block as follows: :. 81
degrees 80 minutes W. 209.S feet
N. SO degrees 10 minutes W. 260
feet; thence N. 81 degrees Il min
utes w. SIG feet 20 point for a cor
ner or the tract herein dcscribedf
thence G5 degrees Az minutes WI. LOG.
feet 10 point for the M. WV. corner
or the tract herein described thence
s.. 3 degrees 30 minutes w. ash feet
to point in South boundary OF said
Block for the s. ". corner Of the
tract herein described; thence with
said south boundary line South 81
degrees E. 646.l feet 20 place Of be.
ginning. retaining I'm said deed
vendors lien 90 secure the payment
az four promissory vendors lier
notes made nv said grantees, payable
to plaintiff, given In part payment
OF the PURCHASE price consideration fol-
said land, numbered 1 10 4, inclusive
each for the principal sum Of $4,000
dated January !, 1925, due on the
first day Of January for the years
1927. 1928, 1929 and 1880. bearing In
terest from date until maturity nj
the rate az six per rent per annum
interest due semi-annuallyr past duo
principal ard interest bearing inter
est at the rate Of ten per cent PEI
annum. each Of said notes containing
the usual provision for accelerated
maturity Of series in the event de-
fault be made in the payment 81
either principal or interest, when due
also containing usual provision foI
ten per cent attorneys fees on notes
if same after maturity nra placed I'm
the hands or an attorney for coilec'
ton; that said notes were heretofore
lost. misplaced or destroyed while II
was in possession of same that same
we're therefore bv il sold. assigned
transferred or h~yDothecntcd In whole
or In part; that IL has made diliEenf
search for same but same cannot ia
found. and that secondary evidences
will be offered 10 prove same thai
\ defendants have defaulted in the pay
ment OF note number 4. also In the
payment Of all interest accruing or
all notes Of said series, and because
Of such default plaintiff has declared
the entirety Of the Indebtedness evi-
denced by ali notes due. and has
placed same In the hands ON attorneys
for collection. thereby maturing thi
ten per rent attorneys fees; that thd
above notes were heretofore sued on
in cause number 7095 on the docke'
on this court, wherein this plaintiff
was the sole plaintiff and the abov'
J.. w. and Hattie +. Smith were sols
defendants. In which cause plaintiff
after due service on both defendants
obtained judgment of date July 10
1927: that plaintiff obtained HmiI
Judgment without knowing that de
PENDANT j. WV. Smith had IN few day
previous thereto died in~testate-
Plaintiffs prayer il that IL hav'
Judgment for its debt and costs; tha
K have foreclosure Of its lien on thl
above land. ms same existed on Janu
ary 4. 1925. and AZ all times there
after: that the clerk issue order vi
HAIe, and that officer executing sam
place the purchaser w the abovl
property In possession thereof within
thirty days after day or sale: that i
have relief generally.
Herein Fail Not. but have beforl
said Court. at its aforesaid next regu
lar term. this writ with your return
thereon. showing how YOU have exc
ruted the same.
Given Under my Hand and the ZEN
Df said Court, mt office WA Brownsville
this. the Isl day az November "A. ~
1927.
Jno. r. Seaman. Clerk. Distric
Courts Cameron County.
(sEAL)
\ True Copy I Certify
Tho. P- Seaman. Clerk. District
Court. Cameron County. Texas.