Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-03-16
LEGAL ADVERTISEMENT
THE STATE OF x

THE STATE OF TEXAS
To the Sheriff or any Constable OF
Cameron County-Greeting:
You r hereby commanded tc
summon w. s. James. Aaron Van
| Wormer and Sylvia Van Wormer
by making publication of this cita-
ton once in each week for four
successive weeks previous to the re-
turn day hereof, in some newspa-
| per published in your county, il
| there be a newspaper published
| therein, but If not, then in any
newspaper published in the 103ro
| Judicial District; but if there be
no newspaper published in said Ju-
dicial District. then in a newspaper
published in the nearest district to
said 103rd Judicial District, to ap-
| pear at the next regular term OF
! the 103rd Judicial District Court OF
| Cameron County, Texas, to be
holden at the court house thereof,
in Brownsville. Texas, on the Bird
Monday in April, A. D. 1929, the
| same being the 18th day of April,
| A. D. 1929, then and there to an
| swer a petition filed in said court
on the 18th day Of January, A. d.
1929. in a suit, numbered on the
docket Of said court No. 1926,
wherein G.. G. Wagner and Martha
M. Wagner are plaintiffs and w. s.
James, Aaron Van Wormer, Sylvia
Van Wormer and James Dickinson
Farm Mortgage Company, a cor
poration, are defendants, and said
petition alleging: First: That by
deed dated January 81, 1919, re-
corded in Volume rs. pages 257, 259.
Deed Records of Cameron County,
Texas. First National Bank of
Brownsville. Texas. conveyed to w.
S. James a ten-acre tract of land
in said county. in Conception de
Carricitos Grant. a part Of the
Hicks Reserve. fully described in
said deed and in plaintiffs petit
ton; that in said deed said grant,
OrS retained a vendors lien upon
said land to secure the payment of
five vendors lien promiSsOry notes,
executed by w. 5. James, payable
to order Of First National Bank of
Brownsville. Texas. all said notes
are dated January 21St. 1919, num-
bered one to five inclusive, each for
the principal sum of One Hundred
Twenty (S120.00) Dollars, maturing
respectively on the 21st day of jan
uary in the years 1921, 1922, 1928,
1924 and 1925: said notes bear in
tereSt from date at the rate of six
per centum per annum, payable
annually: provide all past due prin-
cipal and interest shall Dear inter-
est after maturity until paid at the
rate of ten per centum per annum;
contain the usual accelerated ma
turity and attorney fee provisions
in the event of default: that there
after said First National Bank Of
Brownsville. Texas. sold. assigned,
transferred and delivered said
h~ereinabove described five notes to
G. G. Wagner, who is now the own
er and holder thereof. That here
tofore by deed dated January 21st.
1919. recorded in Volume II, pages
457-459, Deed Records of Cameron
County. Texas. @. G. Wagner and
Martha M. Wagner conveyed to w.
S. James twenty-one and Sixty-tWO
hundredths (21.62) acres of land in
Cameron County. Texas. in Con-
cepcion de Carricitos Grant, being
Block Number Eleven CID, of Sub
division Number One %, of Hicks
Reserve. as shown upon the map OF
said subdivision, recorded in Vol
ume 4. page q, of tn Map Records
Of Cameron County: that in said
deed said grantorS retained a ven-
doris lien upon said land to secure
the payment of five vendors lien
promissory notes, all dated January
81, 1919, executed by w. S. James,
payable to the order G.. C.. Wagner,
numbered one d) to five 50 IN
elusive, each for the principal sum
of two hundred fifty-nine and
maturing respectively on the list
forty-four hundredths (S259.44),
day of January. in the years 1921,
1922, 1923. 1924 and 1925; all Of said
notes bear interest from date there
Of until maturity at the rate of SIX
per centum per annum, and there
after at the rate of ten per centuml
per annum until paid. interest pay
able annually as it accrueS, and
contain the usual accelerated ma
turity and attorneys fee clauses in
the event of default in the payment
of principal and interest thereon
when due; that thereafter said w
S. James, by deed dated August 6
1919. recorded in Volume SO, pages
168-170, Deed Records of Cameron
County, Texas, conveyed said here
inabove described two tracts Of land
to Aaron Van Wormer and Sylyia
Van Wormer. and in this deed SaiC
grantOr retained a vendors lieT
upon said land to secure the pay
ment of five certain vendors lie.
primoSSory notes, payable to the
order Of James Dickinson Farm
Mortgage Company. all said note.
being dated August 6, 1919, number
ed n to five inclusive. Note Num-
Der One ID for the principal sun
of Nine Hundred Forty-eight anc
Sixty-hundredths (S948.60) Dollars
Notes Numbers Two (2). Three 81
Four (4) and Five (5) for the prin-
cipal sum of -Four Hundred Seven
ty-four and Thirty-hundredths
($474.30) Dollars each, maturing re-
S~pectively, on the 9Th day of August
in the years 1920. 1921, 1922, 1928
and 1924; all of said notes bear in
tereSt from date thereof until their
respective maturitieS at the rate OF
six per centum per annum and
thereafter at the rate Of ten per
centum per annum until paid: that
as a further consideration for this
conveyance said Aaron Van Wor-
mer and Sylvia Van Wormer as
sumed the payment of said herein
above described five 60 vendors
lien promiSSory notes, executed by
said W. S. James. payable to the
order Of the First National Bank Of
Brownsville. Texas. and also as
sumed payment of said hereinabove
described five 60 vendors Lien
promisSory notes, executed by said
w. S. James. payable to the order
of said G.. G. Wagner; that said
five notes executed by Aaron Van
Wormer and Sylvia Van Wormer,
payable to the order of James
Dickinson Farm Mortgage Com
pany r barred by limitation. and