Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-07-02
LEGAL ADVERTISEMENT

tives OF W. G. Thornton. deceased.
whose residences are unknown, who
are alleged 70 be non-lesidents OF
the State Of Texas. 20 be and APP
pear at the next regular term OF the
District Court Of Cameron County
TO be holden at the courthouse there
of. in the City Of Brownsville. Texas.
on the third Monday IN July. A. ID.
OF July. A. ID. 1923, then and there
ia answer a petition filed in said
Court on the 10th day OF May. A. ID.
1925 and also First Amended Original
Petition filed on the 29th day of May
A. ID. 1928. in a suit numbered on the
docket of said Court. No. 7757.
wherein the All Parker Securities Co.
is plaintiff and w. &. Thornton and
the unknown heirs and legal repre-
s~entatives Of w. G. Thornton. de-
ceased. are defendants; the nature
of plaintiffs demand being suhstan-
TALLY. as follows, to-wit: Said de-
mand being contained in plaintiffs
first amended original petition on
which this citation is being issued:
that by deed recorded in Volume l2l
on pages 140-l4l OF the Deed Records
OF Cameron County. Texas. A. II.
Fernandez. attorney IN fact. convey
ed to a. II. Parker a tract of land
in Cameron county, Texas. being the
n. 1916 acres in Block IL. Pomelo
Subdivision. as shown by map of rec
ord in Volume 5 on page 80 Of the
Map Records OF Cameron County,
Texas. retaining in said deed a sen-
Hnw'E liam "a lANnWA Hhn nnNwnnnt
among other notes. Of that certain
promissory vendors lien note No. 4
dated Brownsville. Texas. December
20. 1928. made by A. r. Parker pay
able 70 A. II. Fernandez. trustee, due
4 years after date and bearing in
terest from date until maturity at
the rate Of s per cent per annum. in
terest payable annually. providing
that said note and past due interest
shall bear interest from maturity
until paid. at the rate Of 10 per cent
per annum; that by deed recorded in
Volume i3l on pages 3Si-3S6 of the
Deed Records Of Cameron County.
Texas. A. +. Parker conveyed said
land 10 W. q. Thornton and as part
OF the purchase price consideration
for the same. the said w. G. Thorn
ton expressly assumed and promised
to pay the above note No. 4 and in
addition made and delivered to
plaintiff ) promissory vendors lien
notes. each for the principal sum of
S3S3.20. numbered l-5 ire, dated De-
cember 8. 1928. due l each, Is years
respectively. after date bearing in
terest from date until maturity at
the rate OF 8 per cent per annum
interest payable semi-annually as ii
accrues; providing that past due
principal and interest shall bear in
terest at the rate of 40 per cent per
INT after the annual maturity
thereof and further providing that
failure 70 pay the particular note or
any .nstallment OF interest when due,
shall mt the election Of the holder
of said series Of notes. mature all
of said notes. the maker agreeing
that If the particular note be nlaced
IN the hands Of an attorney for col
lection, TO pay 10 per cent adj 'tional
on the principal and interest then
owing thereon as attorneys fees;
that although w. q. Thornton ex-
pressly assumed and promised TO paw
note No. ( first sbo.e described,
nevertheless when sare became due
and payable, he failed and refused
70 paw the same or any part thereof,
although plaintiff repeatedly re-
duested and demanded Of him that
payment BE made and plaintiff was
forced 70 pay the tnen mount OF
Indebtedness owing on the same,
which it did nav on March ~, 1928.
IN the sum of S329.ss; that hereto
fore. all defendants iefaulted in the
payment of note No. 4 Of the series
of notes made BY w. G.. Thornton
and likewise defaulted in the pay
ment OF interest accruing on both Of
notes No. 4 and No. ; OF said series
since June y. 1927. and because Of
such default Of defeaiants. plaintiff
has elected TO declare the remaining
note. No, 3. due and payable and has
placed said notes No. { and 8 in
the hands Of West 4 H~ightower. At
torneys. for collection. thereby caus
ing the 10 per cent attorneys fees
provided for therein 70 become due
and payable; that notes numbered I,
? and 3 of the series made by w. @.
Thornton have been fully paid.
Plaintiffs prayer is that ID have
judgment for its debt. damages and
costs; that it have foreclosure Of
its hens. as the same existed on De-
cember 90. 1923 and December 8.
1924 and at all times thereafter; that
its liens be fixed. established and
decreed foreclosed; that the Clerk Of
the Court issue proper order Of sale