Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-06-04

CITATION BY PUBLICATION

James-D Dickinson Farm Mortgage
Co. VS.. w. II. Massey. ct al.
In the District Court, Cameron
County. Texas.
The States Of Texas to the Sheriff
or any Constable Of Cameron Coun-
ty-GREETING:
You are hereby commanded, that
by making publication of this Cita-
ton in some newspaper published Ia
the county of Cameron once in each
week for four consecutive weeks
previous to the return day hereof.
you summon w. II. Massey, whose
residence is unknown, who is alleged
TO be a nonresident of the State
Of Texas, to be and sppear at the
next regular term Of the District
Court Of Cameron County, to be
holden at the courthouse thereof, in
the city Of Brownsville, Texas, on
the third Monday in July, A. ID. 1928,
the anne being the 10th day Of July,
A. D. 1928, then ana there to answer
a petition filed in said Court on the
26th day of January, A. d. 1928. in
N suit, numbered on the docket Of
said Court, No. 1892. wherein James,
Dickinson Farm Mortgage Company
is plaintiff, and w. il. Massey and
Leslie B. Ward are defendants; the
nature Of plaintiffs demand being
substantially, as follows. to-wit:
That. BY deed recorded in Volume
146 on pages 26S-270 of the Deed
Avcords Of Cameron County, Texas,
James-Dickinson Farm Mortgage
Company, 4 Texas corporation, con-
veyed to defendant, W. H. Massey, q
certain tract of land in Cameron
County, Texas, being the N. 5.57
acres of Farm Block No. IL of the
FL Jardin Heights Subdivision, Sur
vey No. 81, Subdivision ID, Share 10
Of the Espiritu Santo Grant. accord
ing 20 map and plat thereof, record
ed In Volume 5 or page Is Of the
Map Records Of Cameron County,
Texas, retaining in said deed OF con
veyance, a vendors lien to secure
the paymer' of five promissory ven
doris lien ! ties, numbered is in
elusive, each for the principal sum
Of $233.60, dated January 20. 1925,
due ! each respectively, on or before
January goth for the years 1926,
1927, 1928, 1929 and 1880, payable
TO plaintiff, which is a Missouri
corporation, bearing interest from
date until maturity at the rate Of 6
per cent per annum and thereafter,
until paid at the rate Of 10 per cent
per annum, interest payable semi
annually on July 20 and January 20
Of each year. the maker, w. II. Mas
sey Sgreeing that If the particular
note Is not paid when due, to pay
all costs of collection and 10 per
cent OF the unpaid principal and IN
terest for attorneys fees, past due
interest and attorneys fees to draw
interest at the rate Of 10 per cent
per annum; providing that if the par
ticular not or any inStallment or in
terest thereon be not paid when due,
then The holder may, at his election,
declare the entirety Of the series due
and payable; that Note No. / or SAID
series has been paid: that no inter
est has been paid on Notes 2-5 in
elusive since January 90, 1926; that
Note No. 2 Of said series il past
due and unpaid and, although plain
TIFF, the present owner and holder
OF said notes numbered 2-5, has re-
peatedly requested and demanded of
defendants to pay the anne they
have each failed and refused TO do
so and do now fail and refuse 50
to dc; that because of such default
Of defendant. plaintiff has elected To
declare the entirety Of the notes of
said series due and payable and has
placed the same IN the hands Of
West 4 Hightower, Attorneys, for
collection, thereby csusing the 10 per
cent attorneys fees provided for
therein, to become due and PAYABLE:
that the defendant. Leslie B. WARD.
IS asserting some right or ownership
IN the above property.
Plaintiff prays judgment for its
debt, damages and costs: that its
lien be fixed. established and de-
creed foreclosed and that it have
relief generally.
HEREIN FAIL NOT. but have you
before said Court on the first day
OF next term thereof this writ with
your return thereon, showing how
you have executed the same.
Given under my hand and seal of
said court, at office in the city OF
Brownsville, Texas. this the 18th dag
Of May, "A. ID. 1928.
witness, Jno. =. Seaman, Clerk
Of District Court in and for
Cameron County. Texas.
BY NJ. ]. McTiernsn, Deputy.
tseai)
5-2S-6-4-I1-1S-Af-H0oa