Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-09-01

Is NO. SUE IN when suit - H. Aol&lu
Trustee. il Plaintiff. and Delta Ir'
rigated Farms Company, a private
corporation. George III. Krejsa and
Otto J.. Kreisa. are Defendants; the
cause of action alleged u substan-
tally a. follows: That by Warranty
Deed, dated February 1st, 1926, re-
corded in Vol. ia, page 553. Deed
Records Of Cameron County. Texas
Santa Helena Improvement Company
conveyed 10 Delta Irrigated Farms
Company that certain tract OF land,
containing nineteen and s~ixty-ninr
hundredths 1889 acres. more OF
less, situated in Cameron County
Texas. further described as the west
part OF Block One Hundred Eighty
three (l631. Of San Benito Irrigation
Company's Subdivision. Is shown
upon the map thereof and its record
n Book ;, pages l6-fSr Nap Records
OF Cameron County. TS%as; hat in
said deed a Vendors Lien was re-
tanned upon said land 10 secure the
unpaid purchase money therefor, as
evidenced BY ten llOl certain Ven
doris Lien PromiSsory Notes. execut-
ed By Delta Irrigated Farms Com-
pany, all said notes are dated Febru-
airy LIST, 1926. and are numbered, ma
ture. for the amounts. classified, and
generally described a. follows:
Glass "a Notes: Payable IA G. II
COlgin, Trustee. or Urders
Note No. l. due February LIST, 1927
for slOs.6I;
Note No. 2. due February LIST. 1928
for SI0s.6I;
Note No. 8, due February IT, 1929
for S1OS.6l:
Note No. 4. due February 1st. 1890,
for $I08.61;
Note No. 5. due February lst. 1881,
for $l08.61:
That in said Deed it is provided
that said Class "a" Notes shall w
secured By a first, prior and superior
lien upon said lands and premises
he~reinbefora described:
Class b Notes. Payable 10 the
Santa Helena Improvement Company.
or Order:
Note Nc. y. due February 1st, 1927.
for $206.43;
Note No. r.. due February 1st. 1928,
for s20G.43;
Note No. 3 due February ist. 1929
for S206.43:
Note No. ?. due February LIST, 1880.
for S2O6.43;
Note No. 10, due February LIST, 1891,
for S206.43:
That in said Deed il ia provided
that said Glass b" Notes shall be
secured BY "A Second Lien upon said
lands and premises h~ereinbefore de-
scribed;
All said notes bear interest from
their date until maturity at the rate
~ six (6D per centum per annum
pay annually, thereafter ut the
rate on ten tlO) per centum per an
mum until paid; provide that all past
due interest hears interest az ths
rate Of ten tl0l pet rcntum Ger an-
mum from the accrual thereof unit
paid; provide that w the event "
default in the payment of any sale
notes or any interest instsllment.
when due, such default shall. az thu
election Of any owner or holder OF
said notes. or any or them. fully mn
ture any or all o. said notes: ans
further provide that IN the event "
default and said notes are thereafter
placed III the hands or al attorne,
for collection. they shall bear I'm ad.
d%Itional amount Of ten ClOl per cent
Of the principal and interest dus
thereon Is attorneys fees; thaf
thereafter said Delta irrigated Farm.
Company conveyed said lands ant
premises h~ereinabovc described 4
Defendant George T.. Krejsn. and tina
thereafter Defendant George L.
krejsa Joined by his wife. Eleanor r
hreisa, conveyed said land 10 De
PENDANT Otto j. Krejsa: that Plaintiff
~ n. Coigin. Trustee. is now In,
legal and equitable owner aud holdel
III said notes Numbers Two t2l
Three IA, Four l3l. Five f5l. Sever
ttl. Eight fsl, Nine tyi. and Teg
400; that notes Numbers One Il
and Six 90 have heretofore beer
fully paid off ana discharged: that
interest on the remainder of SAID
notes has been paid ~ February 1T
1875 that Defendants have failef
and refused to pay said notes. excepl
aa hereinnhnye stated Ky Plaintiff.
damage IN the sum Of Fifty Thouxans
Dollars $50 OuUpDl. that pIaintift
has declared the remainder Of sair
notes due. in accordance with ~,
terms thereof and has placed Same
IN the hands or IN attorney for col
lection. and has agreed to pay said at
tofney the ten finl per cent. attor.
neys fees provided FOR wv said notes
Plaintiff prays for judgment fol
Dts debt. interest. attorneys fees. ane
ior all costs: that his Vendors Lier
be fixed. established and foreclosee
upon said land; for an order NJ xaIe
and for such other and further relief
general or special. Mt law " "
equity. ~ which he may Ne entitled
lou are commanded 10 ummof
suth Defendants aad IN serve mi.
citation ,. making publication Of thi,
citation once in cash week for fou,
GA consecutive weeks previous A. AN.
return day hereof w some newSpane,
pubiished IN Cameron County. Texas
but n there be no newspaper publish.
ca ~ your County. then WI some
newspaper published i'm tho nearest
county where n newspaper N biz.
lished. 80
HEREIN FAIL NOT. but have he.
Tore said Court, al ia aforesaid -,
regular term. this writ with Won,
return thereon. showing how vo,
y executed the same.
GIVEN UNDER sly HAND AM
SEAL 0F SAID COURT. in the rit,
OF Brownsville. Texas. This nth dat
~ August. A. ~. 1923.
SEAL JOHN p. SEAMAN
Clerk or the District Court u Cam.
eron County. Texas.
Rv II 4 HrTiernan pannf,