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

San Benito Irrigation Company's
Subdivision, MS shown upon the map
Of said Subdivision and iks record III
Book 3, pages 16-16. Map Records Of
Cameron County, Texas, and in said
deed "a Vendors Lien was retained
upon said land To secure the unpaid
purchase money therefor, as evil
denced BY fifteen (l5) Vendors Lien
Prcmiss0ry Notes, executed by 10. G..
Elstner, payable to C. III. Colgin,
Trustee, all said notes are dated June
10, 1926, numbered, maturing. for the
amounts. and classified, respectively,
as follows:
CLASS "A" NOTES:
Note No. !, due June Is, 1927, for
Note No. 2, due June Is. 1s2s. for
Note No. 8, due June Is. 1929. for
Note No. 4. due June is. 1880. for
Note No. s. due June Is. 1881. for
$4,000:
CLASS aB" NOTES.
Note No. g. due June IS, 1927, for
$1s5.00;
Note No. 2. due June Is. 1925. for
$1s5.00;
Note No. 8. due June Is. 1929. for
$1sS.00;
Note No. Q. due June Is. 1880. for
S1s5.00;
Note No. 10. due June Is. 1881, for
$1s5.00;
CLASS "B" NOTES:
Note No. IL, due June Is, 1927, for
$4,000.
Note No. -. due June Is. 1928, for
$155.00;
Note No. Is. due June Is. 1929. for
Note No. II. due June Is. 1880. for
Note No. is. due June Is. 1881, for
$155.00;
All said notes bear interest from
their date until maturity at the rate
Of six (6) per centum per annum,
payable annually, and thereafter 1t
the rate OF ten (10) per centum per
annum until paidi provide that all
past due interest bears interest az
the rate Of ten (l0) per centum per
annum from accrual thereof until
paid; provide that in the event OF de-
fault in the payment OF any
Of said notes or any interest
installment, when due such de-
fault, shall, az the election OF any
owner or holder OF said note, or any
Of them, mature any or all of said
notes; and further provide that in
the event Of default and said notes
are placed in the hands Of an at
torney for collection, they shall bear
an additional amount Of ten (10) per
cent of the principal and interest
due thereon as attorneys fees, and
that thereafter, BY Warranty Deed,
dated September Is. 1926, recorded in
Book 1853, pages 360~3S2 Deed Records
Of Cameron County, Texas, 10. c.
Elstner and Sallie X. Elstner con
veyed to Harriet X. BeIlwood, a feme
sole. said hereinbefore described
lands and premises. in all things sub
ject to said ~hercinbefore described
lien, and said Harriet X. Bellwood.
as a part of the consideration for
said conveyance, assumed the pay
mert Of said notes; that subsequently
said G.. H.. C0lgin, Trustee, trans
ferred and assigned notes Numbers
Eleven Gid. Twelve (l2l. Thirteen
(l3), Fourteen (l41, and Fifteen (l5)
TO Santa Helena Improvement Com
pany; that thereafter said Santa
Helena Improvement Company trans
ferred and assigned said notes Num-
bers Eleven (il), Twelve (l2), Thir-
teen (l3), Fourteen t14) and Fifteen
(i5), to Plaintiff. 81. III. Frazier,
that Plaintiff G. TT. Colgin. Trustee.
IL now the owne and holder Of said
notes Numbers One (l)- Two l2).
Three 90. Four t4). Five 80, Six
CO.., Seven Cd. Eight 81, Nine C9).
and Ten (l0): that Plaintiff B. III.
Frazier IN now the legal and equitable
owner and holder az said notes Num-
hers Eleven (l11, Twelve ti2). ThIr-
teen (l3), Fourteen (l4) and Fifteen
t15); that though often requested
BY Plaintiffs, Defendants have failed
and refused, and still fail and re-
fuse, 70 pay said notes. or any part
thereof, to Plaintiffs damage in the
sum Of Ten Thousand Dollars
81 .000.00); that Plaintiffs, in ac-
cordance 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 of an attorney for collection,
and have agreed TO pay said attorney
ten l0) per cent. attorneys
fees provided for in said notes; that
Defendants J. L. Waters and Jose
Cortez are claiming some right or
interest to said land, which, If any.
is inferior 70 Plaintiffs lien and sub
ject 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 further relief,
general and special. at law or equity,
to which they may be entitled.
You are comanded to summon such
Defendants and TO serve this citation
BY making publication Of this citation
once in each week for four CAD con-
secutive weeks previous to the re-
turn day hereof in some newspaper
published in Cameron County, but il
there be no newspaper published In
your County. then in some newspaper
published in the nearest county
where D newspaper Is published.
HEREIN FAIL NOT, but have be-
fore said Court. nc its aforesaid next
regular term, this writ with your re-
turn thereon, showing how YOU have
executed the same.
Given under my hand and seal OF
said court, in the City of Brownsville.
Texas, this the 18th day Of August.
"A. ID. 1928.
(SEAL) JOHN p. SCANLAN,
Clerk or the District Court
OF Cameron County, Texas.
ANnT@~--M~ nnnn4w~