Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-06-18
LEGAL ADVERTISEMENT

the third Monday IA July. A. ID. 1928,
the city OF Brownsville. Texas. on
the same being the 18th day Of July,
a petition filed in said Court on the
25th day of January, a. ID. 1928. In
a suit, numbered on the docket OF
said Court. No. 1922. wherein James
Dickinson Farm Mortgage Company
is plaintiff. and w. IT, Massey and
Leslie Il. Ward are defendants; the
nature of plaintiffs demand being
substantially. ms follows. to-wit:
That. by deed recorded in Volume
146 on pages 26S-270 Of the Deed
Records or Cameron County. Texas,
James-Dickinson Farm Mortgage
Company. a Texas corporation, con-
veyed to defendant. w. III. Massey. .
certain tract Of land in Cameron
County. Texas. being the n. 5.57
acres OF Farm Block No. IL OF the
Ill Jardin Heights Subdivision. Sur
vey No 81, Subdivision ID. Share ID
Of the Espiritu Santo Grant. accord
ing 70 map and plat thereof. record
ed In Volume s 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 promiss0ry VEN
doris lien notes. numbered is in
elusive. each for che PRINCIPAL sum
Of $223.60. 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
na..~~ - ~- -.
date until maturity At the rate Of 6
per cent per snnum and thereafter,
until paid nc the rate Of 10 per cent
per annum. interest payable semi
annually on July 20 and January 20
OF each year. the maker. W. III. Mas
ley agreeing that IL the particular
note is not paid when due. 10 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 40 per cent
per annum; providing hat il the par
ticular not or any ~installment OF 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. ? 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 W
defendants 10 pay the same, they
have each failed and refused to do
SO end do now fail and refuse So
to de-; that because or 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 u. 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 IL 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. al office in the city OF
Brownsville. Texas. this the 18th day
of May. "a. ID. 1928.
Witness. Jno. r. ScEulan, Clerk
Of District Court i'm and for
Cameron County, Texas.
by NJ. J. McTiernan, Deputy.
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