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

tiyes Of w. G. Thornton. deceased.
whose residences are unknown, who
are alleged 70 be non-iesidents OF
the State Of Texas. 70 be and ap-
pear at the next regular term OF the
District Court Of Cameron County
10 be holden at the courthouse there
of. in the City Of Brownsville. Texas,
on the third Monday In July, A. ID.
1928. the same being the 18th day
Of July. A. ID. 1928, then and there
TO answer a petition filed in said
Court on the 18th day Of May. A. d.
1928 and also First Amended Original
Petition filed on the o9th day of May
a.. ID. 1928. in a suit numbered on the
docket OF said Court. No. T757.
wherein the AL Parker Securities Co.
Is plaintiff and W. Q. Thornton and
the unknown heirs and legal repre-
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 12l
on pages l40-i4l Of the Deed Records
Of Cameron County. Texas. A. III.
Fernandez. attorney IN fact. convey
ed to A. +. 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 ven
doris lien to secure the payment.
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 TO A. IA. Fernandez. trustee. due
! years after date and bearing in
terest from date until maturity at
the rate Of s per cent per annum. in
teTest 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 l3l on pages 3S4-3s6 OF the
Deed Records Of Cameron County.
Texas, A. +. Parker conveyed said
land to W. G.. Thornton and as part
of the purchase price consideration
for the same. the said vi. G. Thorn
ton expressly assumed and promised
to pay the above note No. 4 and in
addition made and delivered TO
plaintiff 5 promissory vendors lien
notes. each for the principal sun Of
S3S3.20. numbered l-5 inc, dated De-
cember :. 1923. due l each. is years
respectively. after date bearing in
terest from date until maturity az
the rate OF s per sent per annum.
interest payable semi-annuslly as it
scerues; providing that past due
principal and interest shall bear in
terest at the rate Of 10 per cent per
annum after the annual maturity
thereof and further providing that
failure TO pay the particular note or
any :nstallment of interest when due,
shall at the election OF the holder
Of said series OF notes. mature all
Of said notes. the maker agreeing
that III the particular note be nlaced
in the hands Of an attorney for col
lection. 70 pay 10 per cent nd 'itional
on the principal and interest then
owing thereon as attorneys fees;
hat although W. q. Thornton ex-
presslv assumed and promised TO pay
note No. . first rbo.e described,
nevertheless VIXEN sarie became due
and payable, he failed and refused
to paw the same or any Fart thereof,
although plaintiff repeatedly re-
ouested and demanded Of him that
payment be made and plaintiff was
forced 10 pay the tnen amount OF
indebtedness owing on the same,
which it did paw on March 81. 1925,
IN the sun of S529.ss; that hereto.
fore. all defendants ~5efsultsd in the
payment of note No. 4 CT the series
Of notes made by w. q. Thornton
and likewise defaulted in the pay
ment Of interest ~accruing on both OF
notes No. Z and No. s Of said series
since June s. 1927. and because OF
such default of defeaiants. plaintiff
has elected 10 declare the remaining
note, No, y. due and payable and has
placed said notes No. Z ard 3 in
the hands Of West a H;ghtower. At
~torneys, for collection, thereby caus-
ing the 10 per cent attorneys fees
provided for therein 20 become due
and payable; that notes numbered /,
2 and 3 OF the series made BY w. G..
AIoAHtoH nave ueen tullN PAID.
Plaintiffs prayer is that ID have
judgment for it's debt. damages and
costs: that II have foreclosure of
its liens, as the same existed on De-
cember 20. 1928 and December 8,
1924 and az all times thereafter; that
its liens be fixed. established and
decreed foreclosed; that the Clerk OF
the Court issue nrnner order Of sale