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

CITATION BIZ PUBLICATION

James-Dickinson Farm Mortgage
CO. vs.. W.. III. Massey, ct nj.
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 fer four consecutive weeks
previous 20 the return day hereof,
YOU summon w. III. Massey, whose
residence is unknown, who is alleged
to be a nonresident Of the State
Of Texas, to be and appear at the
Court OF Cameron County, to be
holden at the courthouse thereof, IN
the city of Brownsville, Texas. on
the third Monday N July. A. ID. 1928,
the same being the 10th day Of July,
"A. d. 1928, then ana there to answer
q petition filed In said Court on the
26th day Of January. A. ID. 1928, in
a suit, numbered on the docket of
said Court, No. 1872, wherein James
Dickinson Farm Mortgage Company
Ia plaintiff, and w. III. 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-2TO Of the Deed
Records Of Cameron County, Texas,
James-Dickinson Farm Mortgage
Company, a Texas corporation, con-
veyed to defendant. w. H. Massey, a
certain tract of land in Cameron
County, Texas, being the N. 5.57
acres of Farm Block No. ~ OF the
FL Jardin Heights Subdivision, Sur
vey No. 81, Subdivision ID, Share 19
of the Espiritu Santo Grant. accord
ing TO map and plat thereof, record
ed in Volume 5 on page 4S of the
Map Records Of Cameron County,
Texas. retaining in said deed OF con
veyance, a vendors lien to secure
the payment of five promissory ven
doris lien notes., numbered LIS in
elusive, each for the principal sum
Of $223.60, dated January 20, 1925,
due / each respectively, on or before
January goth for the years 1925,
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 OF July 20 and January 20
Of each year, the maker. w. II. Mas
sey agreeing that If the particular
note is not paid when due, to ray
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 III the par
ticuiar not or any installment of in
terest thereon be not paid when due,
then the holder may, Mt his election,
declare the entirety Of the series due
and payable; that Note No. l or said
series has been paid; that no inter
est has been paid on Notes 2-5 in
elusive since January 20, 1926; that
Note No. 2 OF said series Is 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 same, they
nave each failed and refused to do
SO and do now fail and refuse 70
70 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 a. Hightower. Attorneys, for
collection, thereby causing the 10 per
cent attorneys fees provided for
therein, to become due and payable;
that the defendant. leslie B. Ware,
IS asserting some sight or ownership
In the above property.
Plaintiff prays judgment for it's
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 VI
Brownsville, Texas. this the 18th day
OF May, A. ID. 1923.
witness, Jno. =. Seaman, Clerk
Of District Court in and for
Cameron County, Texas.
BY M. J. McTiernsn, Deputy.
tseal)
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