Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-09-07

one-hRlf (1-2) Of block two hundred
fis.y-two (2b2l Of San Benito Irri-
cation Company's Subdivision as
shown upon the map of said SUBJ
divisiLa and its record In Book y,
pages 1918, Map Records OF Cam
er0n county, Texas, and in said deed
a v~ent-r's lien was retained upon
said land to secure the unpaid pur-
chase money therefor. as evidenced
~ fifteen (15), vendors lien prOmis-
sorry notes, executed by Jo. G. Elst-
ner, payable TO c. III. Colgin, trus-
tee, ali said notes are dated June 10,
1925, numbered, maturing. for the
amounts, and classified, respectively,
CLASS "A" NOTES
Note No. !, due June Is, 1927, for
Note No. 2. due June is. 1928. for
$60.O0s
Note No. 8, due June is. 1929. for
Note No. 4. due June Is. 1880. for
$4,000;
Note No. s, due June is. 1881, for
CLASS "B" NOTES
Note No. 6, due June Is, 1927, FOR
$1s5.00;
Note No. Z. due June Is, 1928, for
$1s5.0O;
Note No. 9, due June Is. 1929. for
S1s500;
Note No. Q. due June is, 1880. for
$1s5.00;
Note No. 10, due June Is, 1891, for
RreS m
CLASS "Bs NOTES
Note No. IL, due June Is, 1927, for
$165.00;
Note No. u, due June Is, 1928. for
$15500;
Note No. Is, due June Is, 1929. for
$155.00;
Note No. IL. due June Is, 1880. for
S155.00;
Note No. is. due June Is, 1881. for
$500.
All said notes bear interest from
their date until maturity az the rate
Of six (6) per centum per annum,
payable annually, and thereafter at
the rate Of ten (l0) per centum per
annum until paid; provide that all
past due interest bears interest at
the rate Of ten (10) per centum per
annu-l from accrual thereof until
paid; provide that In the event of
default in the payment Of any of
said notes or any interest INSTALL
ment, when due. such default, shall.
at the election Of any wne Of hold
der Of said note. or any Of them, ma
ture any or all Of said notes; and
further provide that in the event Of
default and said notes are placed in
the hands Of an attorney for collec-
tion, they shall bear an additional
amount of ten (l0) per cent Of the
principal and interest due thereon as
attorneys fees. and that thereafter,
by warranty deed, dated September
Is, 1926, recorded in Book 154, pages
337-33e, Deed Records of Cameron
county, Texas, 10. c. Elstner and
Sallie X. Elstner conveyed TO O. b.
Van Wyck said hereinbefore de-
scribed lands and premises, in all
things subject to said hereinabove
described lien, and said o. b. Van
Wyck, as part of the consideration
for said conveyance, assumed the
payment Of said notes; that subse-
quently said c. III. Colgin, trustee.
transferred and assigned notes Nos.
Eleven III, Twelve (12), Thirteen
(l3), Fourteen tl4), and Fifteen
tl5), 10 Santa Helena improvement
Company; that thereafter said Santa
Helena Improvement Company trans
ferred and assigned said notes Nos.
Eleven tlil, Twelve (I2), Thirteen
ti3). Fourteen tI4D. and Fifteen
tl5), 70 plaintiff, b. II. Frazier;
that Plaintiff e. III. Colgin, trustee,
j. now the owner and holder Of said
notes Nos. One an, Two t2), Three
90, Four CD, Five CD, Six CO..,
Seven 90. Eight 80, Nine CD, and
Ten tI0); that Plaintiff b. III. Fra
zier is now the legal and equitable
owner and holder Of said notes Nos.
Eleven t1ll, Twelve (l2), Thirteen
tlS), Fourteen (l4) and Fifteen
(l51; that though often requested By
plaintiffs, defendants have failed
and refused, and still fail and re-
fuse TO pay said notes, or any part
thereof, TO plaintiffs damage in the
sum Of Ten Thousand ($l0,O0O.O 0l
Dollars; that plaintiffs, in accord
ance with the terms Of said notes
and by reason of default having been
made in the payment thereof, have
declared all Of said notes due, and
have placed said notes in the hands
of an attorney for collection, and
have agreed to pay said attorney ten
(lO) per cent attorneys fees provid-
ed for in said notes; that Defend
nts j. L. Waters and Jose Cortez
are claiming some right or inter-
est to said land, which, if any, is
inferior 10 plaintiffs lien and sub
ject to be foreclosed Hereunder.
Plaintiffs pray for judgment for
their debt, interest, attorneys fees,
and costs, that their lien be fore
closed upon said land. for an order
Of sale, and for other and further
relief, general and special. al law or
equity TO which they may be en-
titled.
You are commanded to summon
such defendants and 70 serve this
citation by making publication OF
this citation once in each week for
four ca consecutive weeks previous
70 the return day hereof in some
newspaper published in Cameron
county. but II there Be no newspa-
per published in your county. thea
IN some newspaper published In the
nearest county where q newspaper
is published.
Herein fail not. but have you be-
fore said court at its aforesaid next
regular term, this writ with your
return thereon, showing how you
have executed the same.
Given under my hand and seal Of
said court, in the city Of Browns
VILE, Texas, this the 18th day Of