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

ny NJ y. MeIlernan, Deputy.
(seal)
5-es-6-4-1I-ls-4t-302s
CITATION By PUBLICATION
Ben II. Stiles VS.. J. d. Pound, ct nj.
No. 744e.
In the District Court, Cameron
County. Texas.
The State Of Texas 10 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 to the re-
turn day hereof. you summon J.. ID.
Pound whose residence is unknown.
who liz alleged to be nonresident Of
the State of Texas, 70 be and appear
ut the next regular term Of the Dis
trict Court Of Cameron County, 10 b.
holden at the Court House thereof, 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
Tth day Of December A. D. 1927, IN
a suit, numbered on the Docket OF
said court, Ne. 7149 wherein Ben n.
Stiles is plaintiff. and y. ID. Pound
and FL Jardin immigration Co. are
defendants: the nature OF plaintiffs
demand being substantially, as fell
lows, to-wit:
That about March 10. 1924, lain
tiff conveyed 70 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. l0l, Palm Park Subdivision, Is
shown on plat recorded in Volume s
on page 2s Of the Map and Plat Rec
ords Of Cameron County, Texas. re-
tanning in the deed of conveyance, a
vendors lien 10 secure the payment
Of five promissory vendors lien
notes. each for the principal sum Of
$360.0e, numbered lis inclusive. dated
March 10, 1924, made BY I'll Jardin
immigration Company payable to
plaintiff, due respectively | each, on
or before the 10th day Of March. for
the years 1925-1929 inclusive. bearing
interest from date until maturity al
the rate Of s per cent per annum. ard
thereafter. until paid. az the rate Of
10 per cent per annur interest pay
able annually; past due interest 70
bear interest from maturity at the
rate Of 10 per cen per annum, pro-
vidlng that failure to pay the par
tlcular note or any installment OF in
terest thereon when due. shall. at the
election OF the holder OF such mote.
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. to pay
10 per rent additional on the prin-
cipsl ard interest. as attorneys fees.
which deed TX possessed BY all and
singular. the defendants and they arc
each commanded 10 produce the same
on the trial hereof. otherwise second
sry evidence Hill be offered to prove
the making delivery and contents Of
the same; that BY deed recorded in
Volume i2s on pages 3o3-305 Of the
Deed Records OF Cameron County.
Texas. the defendant. ri Jardin I'm
migration company conveyed the land
above 70 the defendant J. u. Pound;
that Notes numbered !. . and 3 Of
the series OF notes above, are now
long past due and unpaid and no in
terest whatever has been paid on any
Of the five totes of said series; that
because OF the default Of defendants
and Of each Of them. in the payment
or said past due notes and interest,
plaintiff, the present legal and equi-
table owner and holder Of said notes,
has elected 10 declare the entirety Of
said series due and PAYABLE and has
placed the same in the hands OF West
4 HiFhtover, attorneys, for %collec-
ton, thereby causing the 10 per cent
attorneys fees provided for therein. TO
become due and payable.
Plaintiff prays judgment for its
debt. damages and costs: that its hen
be fixed. established and decreed
foreclosed; that the Clerk or the
Court issue order Of sale and that the
officer executing the said sale OF said
property. place the purchaser OF the
some in possession thereof. within
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 day
Of next term thereof this writ with
your return thereon. showing how
you hsxe executed the same.
Given under my hand and seal OF
said Court. at office In the City
81 Brownsville Texas, this the 18TH
dav ~ May, A. D. 1928.
(SEALl
Witness. JNO. r. SCANLAN.
Clerk Of District Court in and
for Cameron County. Texas.
BY NJ. j. McTiernan. Deputy.
A true copy I certify.
Jno. p. Seaman, Clerk District
Court, Cameron. County. Texas.
BY NJ. j. McTiernan. DEPUTY.
5-2s-6-4-l1-1s-4t-302e.