Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-06-25
CITATION ~ PUBLICATION

AHE AA GHEhtT Securities IT, we
VI. 6. Thornton. et AL.
No. 7757.
In the District Court. camsror
County. Texas.
The State Of Texas to the Sheriff
or any Constable or Cameron Coun-
ty-GEEETING:
You are hereby commanded, that
by making publication OF this Cita-
tIon In some newspaper published I'm
the county Of Cameron once I'm each
week for four consecutive weeks
previous 10 the return day hereof,
YOU summon w. c.. Thornton and the
unknown heirs and legal representa-
tives OF w. q. Thornton. deceased,
whose residences are unknown, who
are alleged 20 be non-IesidentB or
the State Of Texas. to be and APP
pear nc 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.
1928. the same being the 18th day
OF July. a. ID. 1928, then and there
to answer n petition filed in said
Court OF the 10th day Of May, "A. I'D.
1928 and also First Amended Original
Petition filed on the 29th day OF May
A. a. 1928. In a suit numbered on the
docket Of said Court. No. 1857,
wherein the AL Parker Securities Co.
il plaintiff and w. q. Thornton and
the unknown heirs and legal repre-
sentatives OF w. 9. Thornton, de-
ceased. are defendants: the nature
Of plaintiffs demand being substan-
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 l2i
ON pages 140-14l OF the Deed Records
Of Cameron County. Texas, A. III.
Fernandez. attorney IA fact, '
ed 70 A. II. Parker a tract of land
IA Cameron county. Texas. being the
n. 1915 acres in Block II, Pomelo
Subdivision. ms shown by map or rec
ord IN Volume 5 ON page 80 Of the
Map Records OF Cameron County,
Texas. retaining in said deed q ven
doris lien 10 secure the payment.
among other notes, of that certain
promissory vendors lien note No. 4
dated Brownsville. Texas. December
70. 1928. made By A. r.. Parker pay
able to a.. II. Fernandez, trustee, due
4 years after date and bearing in
terest from date until maturity mt
the rate OF s per ceat per annum, in
terest payable annually. providing
that said note and past due interest
shall bear interest from maturity
until paid. nc the rate cf 10 per cent
per annum; that by deed recorded In
Volume III on pages 3S4-3s6 of the
Deed Records Of Cameron County,
Texas. "A. X. Parker conveyed said
land 20 W. 6. Thornton and ms part
OF the purchase price consideration +,
for the same. the gaid w. O.. Thorn
ton expressly assumed and promised
20 q the above note No. 4 and in
addition made and delivered ~
plaintiff = promiaEory vendors lien
notes. each for the principal sum Of
$3s3.20. numbered Us inc, dated De-
cember 8. 1923. due 1 each. is years
respectively, after date bearing in
terest from date until maturity az
the rate OF 8 per sent per annum,
interest payable s~emi-annuAlly as 10
accrues; providing that past due
principal n interest shall bear in
terest at the rate Of 10 per cent per
annum after the annual maturity
thereof and further providing that
failure 20 pay the particular note or
p installment OF interest when dua.
shall at the election az the holder
OF said series OF notes. mature All
Of said notes. the maker agreeing
that II the particular note be placed
in the hands OF an attorney for col
lection, TO pay 10 per cent additional
on the principal and interest then
owing thereon as attorneys fees:
that although w. @. Thornton ex-
prssslv assumed and promised To a
note No. 4 first abo.e described,
nevertheless when same became due
and payable, he failed and refused
g pay the same or any part thereof,
although plaintiff repeatedly re-
duested and demanded Of him that
payment be made and plaintiff was
forced TO pay the then amount OF
indebtedness owing on the M
which It did a on March %, 1925,
IN the sum Of S329.SS; that hereto
fore. all defendants 5efaulted IN the
payment Of note No. a CT the series
Of notes made BY w. G. Thornton
and likewise defaulted in the pay
ment Of interest accruing on both or
notes No. 4 and No. 3 of said series,
since June 8. 1927. and because Of
such default OF defendants, plaintiff
mas elected 10 declare the remaining
note. No. ,. due and payable and has
placed said notes No. { ard 5 in
the hands OF West a. Hightower, At
torneys. for collection. thereby cauB-
ing the 10 per cent attorneys fees
provided for therein 70 become due
and payable; that notes numbered 4,
? and , OF the series made by w. G.
Thornton have been fully paid.
Plaintiffs prayer In that IL have
judgment for its debt, damages and
costs: that II have tore closure ~
It's hens as the same existed on De-
cember 20. 1923 and December q,
1924 and az all times thereafter; that
us liens be fixed, established and
decreed foreclosed; that the Clerk OF
the Court issue proper order of sale
and that the officer selling said
property place the purchaser OF the
same IN possession ihsrcof, within 30
days after the day OF sale. and that.
plaintiff have relief generally.
Herein fail not. but have you be-
fore said Court on the said first
day OF merit term thereof this writ,
with your return thereon, shs=inZ-
Gov you have executed the same.
Given under my nand and seal Of
said Court. nc office IN the CITY w
Brownsville. Texas. this the 2eth day
Of Nay. A. D. 1925.
Witness. Jno. r. Seaman. Clerk
Of District Court IN ard for
Cameron County, Texas.
By NJ. j. McFiernan. Denutv.
A true cow I certify.
Jno. r. Seaman. Clerk District
Court. Cameron County. Texas.
MI. j. McFiernan. Deputy.
ISSUED same day.