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

one-half (1-2) Of block two hundred
fi1.y-two (252) Of San Benito Irri-
CATION Company's Subdivision, as
shown upon the map Of said sub
divisiIa and its record in Book 3.
pages 1918, Map Records OF Cam
eron county, Texas and In said deed
A venE~r's lien was retained upon
said land to secure the unpaid pur-
chase money therefor, as evidenced
- fifteen t15), vendors lien promis-
sorry notes, executed by 10. G. Elst-
ner, payable to c. H. Colgin, trus-
tee, all said notes are dated June 10,
1928, numbered, maturing, for the
amounts, and classified respectively,
CLASS "a" NOTES
Note No. !, due June Is. 1927, for
$4,000;
Note No. 2, due June Is. 1928. for
$1,000;
Note No. .. due June IS, 1929. for
$4,000;
Note No. 4, due June Is. 1880. for
$4,000;
Note No. s, due June Is, 1881, for
CLASS "Br NOTES
Note No. s, due June Is, 1927, for
$18500;
Note No. 2, due June Is, 1928, for
$1s5.00;
Note No, 8, due June Is. 1929. for
$ls5.00;
Note No. Q, due June is, 1880. for
S1s5.O0;
Note No. 10. due June Is, 1881, for
s1S5.00.
CLASS "Br NOTES
Note No. IL, due June IS, 1927, for
$l55.00;
Note No. IL, due June IS, 1925, for
S155.00;
Note No. Is, due June IS. 1929, for
$155.00i
Note No. Il, due June Is, 1880, for
$l55O0;
Note Nc. is. due June is, 1891, for
$.55.n0.
All said notes bear interest from
their date until maturity az the rate
o. 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 (lO) per centum per
aEnu-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,
ut the election Of any owner or hold
der Of said note, or n Of them, ma
ture any or all Of said notes; and
farther provide that in the event Of
dafault and said notes are placed in
II 8km hn-Ae 80 mw mffnWnmw far nn1fn~~
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
337-33o. Deed Records of Cameron
county, Texas, 10. {. Elstner and
Sallie X. Elstner conveyed 70 o. d.
Van Wyck said hereinbefore de-
scribed lands and premises. in all
things subject TO said hsreinaboye
described lien, and said d. b. Van
Wyck, as part of the consideration
for said conveyance assumed the
payment of said notes; that subse-
quently said G.. N. Colgin. trustee,
transferred and assigned notes Nos.
Eleven az, Twelve (i2). Thirteen
tAtIf AR4&tI~A t41D &&44 4&N~n
(l5), to Santa Helena Improvement
Company; that thereafter said Santa
Helena Improvement Company trans
ferred and assigned said notes Nos.
Eleven tll). Twelve tl2), Thirteen
tl3), Fourteen (l4l, and Fifteen
G5), 70 plaintiff. b. III. Frazier;
that Plaintiff c. II. Colgin. trustee.
is now the owner and holder Of said
~m4M~ NJ o. FN4 r. fpA Tk~~M
t3l, Four CA, Five t5), Six (6),
Seven 90, Eight 81, Nine (9). and
Ten (l0); that Plaintiff b. III. Fra
zier is now the legal and equitable
owner and holder Of said notes Nos.
Eleven (ll), Twelve (i2). Thirteen
tI3), Fourteen G4) and Fifteen
ti5); 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, 70 plaintiffs damage in the
sum OF Ten Thousand ($lO, 0O0.00)
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
"a All &btoEutJ 4VE CbAAGCLlOIs anu
have agreed to pay said attorney ten
(1O) per cen attorneys fees provid-
ed for in said notes; that Defend
ants J. l.. Waters and Jose Cortez
are claiming some right or inter-
est TO said land. which. If any, Is
inferior to plaintiffs lien and sub
lect 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. at law or
equity, TO which they may be en-
titled.
You are commanded to summon
such defendants and 10 serve this
citation by making publication Of
this citation once in each week for
four Cd consecutive weeks previous
TO the return day hereof in some
newspaper published in Cameron
county, but if there be no newspa-
per published in your county, thea
IN some newspaper published In the
nearest county where a 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
nave executed the m
Given under my hand and seal Of
said court, in the city Of Browns
vilie' Texas, this the 18th day Of