Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-20
CITATION BY PUBLICATION

CITATION BY PUBLICATION
Eagle Pass Lumber Company No
S94l, VS.. Manuel c. Guerra et al.
In the District Court,
Cameron County, Texas:
The State Of Texas to the Sheriff
or any Constable OF Cameron Coun-
ty-Greeting:
You are hereby commanded. that
by making publication Of this Cita-
tlon IN some newspaper published
IN the County Of Cameron once in
each week for four consecutive
weeks previous to the return day
hereof. YOU summon Manuel G.
Guerra and wife, Antonio @. de
Guerra, who are alleged To be
temporarily without the State OF
Texas and residing in the Republic
OF Mexico, TO be and appear at the
next regular term Of the District
Court or Cameron county, to be
holden at the court house thereof
IN the City OF Brownsville. on the
third Monday in April, A. d. 1890.
The same being the 2Ist day of
April, A. D. 1880. then and there
10 answer a petition filed in said
court on the 23rd day Of November.
a. u. 1923, IN a suit numbered on
the Docket Of said court, No. 8o4i.
wherein Eagle Pass Lumber Com
pany is Plaintiff and Manuel c.
Guerra and Antonio G. de Guerra.
husband and wife. the Frontier
Lumber Company, and the South
west Bitulithic Company are De-
PENDANTS; the nature of Plaintiffs
demand being substantially. as fol-
lows. to-wit.
Plaintiff declares upon a certain
note executed by the Defendants
Manuel @. Guerra and Antonio G
de Guerra. bearing date OF Feb
ruary Z, 1928. in the principal sum
OF $3.50. due and payable in
monthly installments Of principal
Of $1,000 per month. the first in
stallment being due March Z. 1928.
and monthly thereafter on the 18th
day OF each month, and the bal
ance OF principal and interest be-
ing due on September 2, 1929. bear
ing interest from date at the rate
OF ten per cent per annum, the in
terest payable monthly as the in
stallments become due. and further
providing To- attorneys fees in the
usual form. Plaintiff alleges that
SAID note was given in payment
for certain labor and material used
in the construction OF certain i'm
provements erected upon Lot No. z
IN Block No. 70A OF Stillman Ex-
tension TO the City OF Brownsville.
Cameron County. Texas. and that
simultaneously with the execution
OF said note. said Manuel c. Guer-
ra and Antonio c.. de Guerra en-
tered into a certain written contract
with the Plaintiff. giving and
granting a Mechanics. Material
mans and Laboreris Lien upon said
property. which was then and
there the homestead of the said
Manuel G. Guerra and Antonio q.
de Guerra, and which contract
was duly recorded in Volume 90 At
pages 1891 OF the Mechanics Lien
records OF Cameron county. Texas.
Plaintiff alleges that II is the Legal
owner and holder Of said note and
lien and that said Manuel c. Guer-
ra and Antonio G. de Guerra paid
the sum Of s42.55 upon the princl-
pal OF said indebtedness, togetnsr
with all interest down TO July Is.
1929, but have wholly failed and
refused TO pay the balance OF said
indebtedness. Plaintiff alleges that
II has placed said notes In the
HANDS OF its attorney, and alleges
that the Frontier Lumber Company
and the Southwest Bitulithic Com
pany are asserting some claim or
lien against said above described
property. which claims or liens, il
any. Plaintiff alleges to be inferior
and subordinate 10 the lien OF this
Plaintiff. Plaintiff prays for judg-
ment against Manuel c. Guerra
and Antonio @. de Guerra. for its
debt. both principal, interest, and
attorneys fees, and for a fore
closure Of its Mechanics Lien upon
said above described property and
as against al, defendants, and for
general relief.
And in said cause. the Defendant
Frontier Lumber Company has filed
its cross action against the De-
PENDANTS Manuel G. Guerra and
Antonio @. de Guerra. the South
west Bitulithic Company. and the
Plaintiff, Eagle Pass Lumber Com
pany, and the nature of the demand
Of said Frontier Lumber Company,
Plaintiff in cross action, being sub
stantially as follows, to-wit:
Plaintiff in cross action declares
upon a series Of 56 promissory
notes. dated March 80. 1925. each
in the sun Of $4,000. made payable
10 the order Of the Frontier Lum-
Der Company one each month be-
ginning with April 30, 1925 and