Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-06-11
LEGAL ADVERTISEMENT


LEGAL ADVERTISEMENT
CITATION BY PUBLICATION
zen =. stiles VS.. ]. d. Pound, ct al.
In the District Court, Cameron
County, Texas.
xne State of Texas 10 the Sheriff or
any Constable Of Cameron County
Greeting:
You are hereby commanded, that
py making publication Of this
1itation IN some newspaper pub
iisned IN the County of Cameron
once in each week for four con-
secutiye weeks previous to the re-
turn day hereof, you summon j.. ID.
round whose residence is unknown
VINO Is alleged to be nonresident OF
the state of Texas, TO be and appear
at the next regular term of the Dis
trlct Court of Cameron County, to be
holden at the Court House thereof, in
the City of Brownsville, Texas, On
tne third Monday in July, "A. ID. 1928,
me same Deing the 10th day Of July,
A. ID. 1928, then and there to answer
. petition filed in said Court on the
9TH day of December A. ID. 1927, an
q suit, numbered on the Docket OF
said court, No. 7449 wherein Ben II.
Stiles is plaintiff, and j. ID. Pound
n FL Jardin immigration 20. are
defendants; the nature Of plaintiffs
demand being substantially, as fol-
lows, to-wit:
That about March 10. 1924, lain
tiff conveyed to defendant, FL JardIn
immigration Company, a tract Of land
IN Cameron County, Texas, being the
Euef n 10 .~-r- - IL N ( - I1nr.r
No. 10l, Palm Park Subdivision, as
shown on plat recorded in Volume 5
on page % of the Map and Plat Rec
ords Of Cameron County. Texas, re-
tanning in the deed OF conveyance, a
vendors lien to ecure the payment
Of five promissory vendors lien
notes, each for the principal sum Of
$4,000, numbered Is inclusive, dated
March 10, 1924, made by FL Jardin
immigration Company payable to
plaintiff, due respectively / each, on
or before the 10th day of March, for
the years 1925-i929 inclusive. bearing
interest from date until maturity At
the rate Of 8 per cent per annum, and
thereafter, until paid, at the rate o.
10 per cent per annum, interest pay
able annually; past due interest 10
bear interest from maturity at the
rate of 10 per cent per annun, pro-
viding that failure TO pay the par
ticular note or n installment of IN
terest thereon when due, shall, at the
election of the holder of such note.
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 cent additional on the prin-
cipal and interest, as attorneys fees,
which deed is possessed by all and
singular, the defendants and they are
each commanded TO produce the same
on the trial hereof. otherwise second
arv evidence will be offered TO prove
the making, delivery and contents OIL
the same; that by deed recorded IN
Volume 12S on pages 3O3-3O5 Of the
Deed Records Of Cameron County,
Texas, the defendant, FL Jardin I'M
migration company conveyed the land
above to the defendant J. ID. 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 notes of said series; that
because Of the default Of defendants
and Of each Of them, in the payment
Of said past due notes and interest
plaintiff, the present legal and equi-
table owner and holder Of said notes,
has elected to declare the entirety o.
said series due and payable and mas
placed the same in the lands OF west
& Hightower, attorneys, Tor coileo-
ton. thereby causing the 10 per cent
attorneys fees provided for therein, TO
become due and payable.
Plaintiff prays judgment Tor ~
debt. damages and costs; that Us hcn
be fixed. established and decreed
foreclosed: that the Clerk OF the
Court issue order Of sale and that the
officer executing the said sale OF saic
property. place the purchaser OF me
some in possession thereof. WITHIN
thirty days after the date Of the sale,
and that plaintiff have reiiet gen
orally.
Herein fail not. but have YOU be-
fore said Court on the said first day
OF next term thereof this writ VITA
your return thereon. showing no"
YOU haxe executed the same.
Given under my hand and seal OF
said Court, at office in the City
of Brownsville, Texas. this the Ietn
day Of May. A. D. 1923.
Witness. JNO. r. SEAMAN,
Clerk ~ District Court in and
for Cameron County. Texas.
Bv 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-Ii-ls-it-302e.