Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-03-02
LEGAL ADVERTISEMENT

QeeQ QdUeQ JANUARY Il, 1913, It.
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. S. 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 ($120.00) Dollars, maturing
respectively on the 2lst day Of jan
uary in the years 1921, 1922, 1923,
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 bear 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
hereinabove described five notes to
q. G. Wagner, who is now the own
err and holder thereof. That here
tofore by deed dated January 2lst,
1919, recorded in Volume II, pages
457-459, Deed Records of Cameron
County, Texas, q. G. Wagner and
Martha M. Wagner conveyed to w.
S. James JWenty-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 ID. Of Hicks
Reserve. as shown upon the map of
said subdivision, recorded in Vol
ume 4, page q. Of the Map Records
of Cameron County: that in said
deed said grantors retained q 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 @. @. Wagner,
numbered one Cd to five go in
elusive. each for the principal sum
of two hundred fifty-nine and
maturing respectively on the list
forty-four hundredths ($259.44),
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 centuln per annum, and there
after at the rate Of ten per centum
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 ".
S. James, by deed dated August s.,
1919, recorded in Volume So, pages
l68-170, Deed Records Of Cameron
County, Texas. conveyed said here
inaboVe described two tracts Of land
to Aaron Van Werner and Sylvia
Van Wormer. and in this deed said
grantor retained a vendors lien
upon said land to secure the Day
ment Of five certain vendors lien
primoSSory notes, payable to the
order of James-DickinSon Farm
Mortgage Company, all said notes
being dated August 6, 1919. number
ed one to five inclusive. Note Num-
Der One % for the principal sum
of Nine Hundred Forty-eight and
Sixty-hundredths (S948.60) Dollars,
Notes Numbers Two (2). Three (3).
Four ca and Five ~ for the prin-
cipal sum OF Four Hundred Seven
ty-four and Thirty-hundredthS
(S474.3O Dollars each, maturing re-
spectIvely. on the 9Th day of August
in the years 1920. 1921, 1922, 1923
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 Der 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 90 vendors
lien promlsSory 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 50 vendors lien
promissory notes, executed by said
W. S. James, PAYABLE to the order
of said C. c. Wagner; that said
five notes executed by Aaron Van
payable to the order Of James,
Dickinson Farm MORTGAGE Com
pany are barred by limitation, and
the record thereof constitutes a
cloud upon plaintiffs title: the
plaintiffs are now the legal and
equitable owners and holders Of
said five notes. executed by said w.
S. James, payable to the order Of
said First National Bank of
Brownsville. Texas. and said five
notes executed by said W.. S. James,
payable to the order Of said G. c..
Wagner; that default has been
made in the payment of said notes,
and plaintiffs have placed same in
the hands of an attorney for COL
lection; and that by reason thereof
said attorneys fees provided for in
said notes has now accrued there
on: that defendants, and each of
them, though often requested so to
do. have failed and refused, and
still fail and refuse to pay said
notes, or any part thereof, to plain
tiffS' damage in the sum of twenty
thousand $500, 100000 dollars. Sec
ond: That plaintiffs, on the 21st
day of January, 1919, were, and still
are. the owners in fee simple Of
said two hereinabove described
tracts of land. in Cameron County,
Texas, containing thirty-one and
sixty-two hundredthS (31.62) acres,
more or less; that on said date
plaintiffs were in possession there
of, and afterward, on or about the
22nd day Of January, 1919, defen-
dants unlawfully entered upon and
dispoSsessed plaintiffs of said lands
and premises, and now withhold
thereof.
Plaintiffs nrav for i1Idrment for