Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-05-28

y5-2s-6-4-11-1s-st-302S
CITATION BY PUBLICATION
Ben II. Stiles vs.. J.. D. Pound. ct al.
No. Ti49.
In the District Court, Cameron
County, Texas.
The State Of texas to the Sheriff or
any Constable Of Cameron County
Greeting:
You are hereby commanded, that
by making publication Of this
Citation IN some newspaper pub
lished in the County Of Cameron
once in each week for four con-
secutive weeks previous 10 the re-
turn day hereof, you summo J. u.
Pound whose residence is unknown.
who IS alleged 70 be nonresident OF
the State of Texas, to be and appear
az the next regular term Of the Dis
trict Court Of Cameron County, 20 BE-
holden at the Court House thereof, In
the City of Brownsville, Texas. on
the third Monday in July. A. d. 1928,
the same being the 18th day Of July,
A. d. 1928, then and there to answer
a petition filed in said Court on the
9TH day of December A. ID. 1927. IN
a suit AAAMbCAG4 OH the DOCACI o.
said court, No. 7449 wherein Ben n.
STILES is Plaintiff, and j.. u. Pound
and Il Jardin immigration c.. are
defendants; the nature Of plaintiffs
demand being substantially, as fol-
lows. to-wit:
That about March n, 1924. lain
tiff conveyed to defendant, FL Jardin
immigration Company, a tract Of LAND
IN Cameron County, Texas, being the
East 1919 acres of lot No. s in blocs
No. l0I, Palm Park Subdivision, as
shown on plat recorded in Volume s
on page Is of the Map and Plat Rec
ords of Cameron County, Texas, re-
tanning in the deed of conveyance a
vendors lien TO secure the payment
Of five promissory vendors lien
notes, each for the principal sum of
$4,000, numbered is inclusive, dated
March 10, 1924, made BY FL Jardin
Immigration Company payable u
plaintiff, due respectively l each, on
or before the 10th day Of March. for
the years 1925-l929 inclusive, bearing
interest from date until maturity II
the rate Of s per cent per annum. and
thereafter. until paid. at the rate Of
10 per cent per annum, interest pay
able annually; past due interest 10
bear interest from maturity at the
rate Of 10 per cent per annum, pro-
viding that failure to pay the par.
ticular note or any installment of in
terest thereon when due. shall. at the
election Of the holder of such note
mature all the notes of the said
series. the maker agreeing that II the
particular note is placed IN the hands
Of an attorney for collection, 10 pay
10 per cent additional on the prin.
cipal and interest. as attorneys fees
which deed ~ possessed By all and
singular. the defendants and they arc
each commanded 70 produce the same
on the trial hereof. otherwise second.
ary evidence will be offered to prove
the making. delivery and contents o.
the same; that BY deed recorded II
Volume l2s On pages 303-305 Of thc
Deed Records OF Cameron County
Texas. the defendant. FL Jardin I'm.
migration company conveyed the lane
above to the defendant J. ID. Pound
that Notes numbered !. , and Q OF
the series Of notes above. are nov
long past due and unpaid and no in,
terest whatever has been paid on az
WI NAE AANE MNlEr VI rEIQ cGfAGEt tina
because Of the default Of defendant.
and Of each of them. in the payment
Of said past due notes and interest
plaintiff. the present legal and equi.
table owner and holder Of said notes
has elected 70 declare the entirety a
said series due and payable and ha'
placed the same in the hands Of WesI
& Highsower. attorneys. for collec.
ton, thereby causing the ~ per cent
attorneys fees provided for therein, Il
become due and payable.
Plaintiff prayS judgment for it'
debt. damages and costs: that it's iler
he fixed. established and decreeC
foreclosed; that the Clerk OF tht
Court issue order Of sale and that The
officer executing the said sale OF SAFE
property. place the purchaser Of n,
some in possession thereof. withIr
thirty days after the date OF the sale
and that plaintiff have relief gen,
orally.
Herein fail not. but have YOU be.
fore said Court on the said first da,
or next term thereof this writ viii
your return thereon. showing how
you haxe executed the same.
Given under NV hand and seal 81
said Court. at office in the City
az Brownsville. Texas. this the 18th
dav ~ May, "A. u. 1928.
CSEALl
Witness. JNo. r. SEAMAN.
Clerk Of District Court in AM
for Cameron County. Texas
BY ". J.. McTiernan, Deputy
a true COPY ! certify.
Jno. r. Scsnlan. Clerk District
Court. Cameron. County. Texas.
BY VI. J. McTiernan. Deputy.