The Mercedes News (Mercedes, Tex.), Vol. 5, No. 73, Ed. 1 Friday, August 3, 1928 Page: 8 of 12
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Page 8
CITATION BY PUBLICATION
THE STATE OF TEXAS,
To the Sheriff or Any Constable of Hi-
dalgo County—Greeting:
YOU ARE HEREBY COMMANDED To
summon B. M. Spangler, Lela I. Stew-
art and Peter J. N. Miller, by making pub-
lication of this Citation once in each week
for four consecutive weeks previous to the
return day hereof in some newspaper pub-
lished in your County, if there be a news-
paper published therein but if not, then in
the nearest county where a newspaper is
published; to appear at the next regular
term of the 93rd District Court of Hidalgo
County, Texas, to be held at the Court
House thereof, in Edinburg, on the First
Monday in September A. D. 1928, same be-
ing the 3rd day of September, 1928, then
and there to answer a petition, filed in
said Court on the 1st day of August, A. D.
1928, in a suit numbered on the docket of
said Court, No. 6724, wherein American
Rio Grande Land and Irrigation Company,
is Plaintiff, and B. M. Spangler, Lela I.
Stewart, C. W. Gound, R. A. Rowland,
Trustee, for the Creditors of the Stewart
Farm Mortgage Company, a Defunct cor-
poration sued individually and as such
Trustee, and Peter J. N. Miller, are De-
fendants and the cause of action being al-
leged as follows:
STATE OF TEXAS,
COUNTY OF HIDALGO.
In the 93rd District Court of
Hidalgo County, Texas
TO SAID COURT AND THE JUDGE
THEREOF:
Your petitioner, the AMERICAN RIO
GRANDE LAND AND IRRIGATION
COMPANY, as plaintiff, complaining of
B. M. Spangler, Lela I. Stewart, C. W.
Gound, R. A. Rowland, Trustee for the
creditors of the Stewart Farm Mortgage
Company, a defunct corporation sued here-
in individually and as such trustee, Peter
J. N. Miller, as defendants, alleges:
FIRST
Plaintiff is a corporation duly organized
•nd existing under the laws of Texas, for
irrigation purposes, having its principal of-
fice in the city of Mercedes, Texas, and
for its president Harry L. Seay, who re-
sides in Dallas, Texas, and for its vice-
president H. B. Seay, who resides in Mer-
cedes, Texas.
The defendants C. W. Gound and R. A.
Rowland, Trustee reside in Hidalgo County,
Texas, the residence of the defendants B.
M. Spangler, Lela I. Stewart and Peter J.
N. Miller is unknown to Plaintiff and to
Plaintiff’s attorney herein.
SECOND
Plaintiff secured its charter in 1905, and
in pursuance of its powers thereunder ac-
quired title and ownership of what is
known as the “Mercedes Tract" of about
100,000 acres of land, lying in a contigu-
ous body, mostly in Hidalgo and partly in
Cameron Counties, Texas, out of the Lla-
no Grande Grant, riparian to the Rio
Grande river, and having as incident to the
title thereof a right to the use of the wat-
ers of said river for irrigation thereof.
Said_ lands are located in the semi-arid
portion of Texas where irrigation is a ne-
cessity for agricultural purposes. Plain-
tiff made proper “filings” in the offices
of the county clerks of said counties and,
later, of the Board of Water Engineers,
and secured and owns appropriation rights
and permit to use and divert the waters of
said river for the irrigation of said lands.
Plaintiff subdivided said lands, as appears
from plats thereof duly recorded in said
counties, and, beginning in about 1907, con-
structed, and has since and does now own,
maintain, and operate an irrigation sys-
tem by means whereof plaintiff has beea
and is engaged in diverting from said riv-
er and supplying and distributing to said
lands water for irrigation and other law-
ful uses; and has made an actual appro-
priation and use of said waters for such
purposes; but plaintiff supplies water only
to such parcels of said land now owned by
its vendees and sub-vendees thereof as
hold under conveyances and written con-
tracts of plaintiff for such water service,
as stated below.
THIRD
Plaintiff has sold and conveyed to a
large number of respective purchasers and
grantees under it, respective subdivision
parcels of said lands, including in its deeds
tothem, and in some cases where not con-
tained in the deed then in a separate writ-
ten conveyance and water contract, a
right to be supplied with water for irriga-
tion of the respective parcels of land thus
conveyed, under and by means of said ir-
rigation system, on the terms and condi-
tions therein set forth similar in all ma-
terial respects in all such deeds and con-
tracts, and providing for the payment to
plaintiff from time to time as the sama
should accrue, by the grantees and their
sub-vendees of said lands, respectively, of
irrigation rates and charges on such re-
spective parcels of land; and that
the payment thereof to plaintiff
be secured by a lien on such respective
parcels of land expressly reserved ai
provided for in such deeds, conveyances,
and water contracts; and, in substance and
legal effect, that the particular rates and
charges thus payable on such respective
parcels of land, the amount thereof, and
time and terms of payment thereof, should
be just and reasonable, as fixed from time
to time and for respective periods by law-
ful authority in the manner provided oy
law: it being provided in such deeds, con-
veyances, and water contracts, that the
terms and provisions thereof, including the
provisions for the payment of such rates
and charges for a lien on the land in la-
vor of plaintiff to secure the payment
thereof, shall be covenants running with
the title of such respective parcels of land
thus conveyed by plaintiff, and binding on
all such respective grantees and their sub-
vendees and all persons holding title to
said lands under plaintiff.
FOURTH
That defendant herein is the owner, or
defendants are the owners, of the follow-
ing described lands, a portion of said “Mer-
cedes Tract” out of said Llano Grande
Grant, being a parcel or parcels or portion
thereof of the subdivision made by plain-
tiff above stated, located under said irri-
gation system of plaintiff, holding title
thereto under plaintiff and under a deed,
conveyance, and water contract, contain-
ing terms and provisions as above alleged
executed by plaintiff of which the defend-
ant or defendants are fully informed, same
being a muniment in the chain of title of
defendant or defendants to said lands, and
which lands are described as follows:
The North 10 acres of farm tract No.
811, out of the West Tract Subdivision in
Hidalgo Counyt, Texas.
In the alternative, if it appear upon
trial hereof that any defendant is not the
owner of said lands but only asserts a
claim thereto or interest therein or lien
thereon, _ plaintiff alleges that U] such
claims, interest, or liens asserted by any
and all such defendants are unknown to
it as to the exact nature and character
thereof but well, known to such defendant
or defendants and that same are infer-
ior and subservient to the rights,
liens and remedies herein assert-
ed by plaintiff; and plaintiff is
entitled to have such defendant or defend-
ants assert his or their claims, interest,
and/or liens herein, and to have its rights,
liens and remedies established as superior
thereto, and its liens asserted herein fore-
closed as against any and all such defend-
ants.
FIFTH
That in respect to the fixing of the spe-
cific rates, the amount thereof, and time
and terms of payment thereof, payable to
plaintiff on said lands under the terms of
said deed, conveyance, and water contract
by defendants, plaintiff, the defendants,
and all owners of land under irrigation
system, are subject to the jurisdiction of
the Board of Water Engineers and its duty
and power to fix rates for said system
from time to time as provided by law.
That on, to-wit, May 23rd, 1922, in a cer-
tain proceeding before said Board insti-
tuted by plaintiff and by F. G. Karle, et
al., the latter acting in behalf of all own-
ers of lands under said system entitled
to be supplied with water for irrigation,
including defendants or their predecessors
in title to the lands herein concerned, the
said Board did make, publish, declare, and
place in effect its final order and decree
therein of said date, fixing the specific
rates and charges and amount thereof for
the furnishing of water by said system
and under said contracts and the time and
terms of payment thereof: to apply from
April 1, 1922, for the remainder of that
year, and for each succeeding calendar
year until changed or modified in accord-
ance with law; and which have not been
changed or modified, and have ever sine*
been and are now in force and effect, and
constitute the lawful rates and charges
inuring to plaintiff for such services, and
payable to plaintiff by defendant or de-
fendants under the terms of said water
contract, and secured by the lien on said
land therein provided for. That said or-
der of said Board was and is binding upon
plaintiff and the defendant or defendants
herein, in respect to the lands herein con-
cerned and water contract covering same;
and defendant or the defendants have ac-
quiesced therein, and have secured and
received the benefits of plaintiff’s services
and of its irrigation system thereunder and
under the terms of said water contract,
and have become and are estopped to dis-
pute or deny the same. That the rates
and charges sued for herein, itemized and
described below and in the exhibits at-
tached hereto, are as fixed and determ-
ined by said order of said Board and ap-
ply under said water contract on the lands
herein concerned and above described.
SIXTH
That plaintiff has at all times complied,
and stood ready, willing, and able to com-
ply with its said water contract and the
?aid order of said Board in respect to the
furnishings of water by its said irriga-
tion system to the lands herein concerned
and above described, and to the defendant
or defendants as the owners of said land;
and there has accrued on said lands and
is now due and payable by the defendant
or defendants herein to plaintiff for the
services of plaintiff and its said irrigation
system, and in default and unpaid, includ-
ing interest calculated ia accordance with
the terms of said contract and order up
to April 1st, 1928, including the install-
ment of rates which accrued on said
date, an aggregate amount of, to-wit:
$439.33.
An itemized statement of all such un-
paid rates and charges, showing the na-
ture of each charge or installment of
charges, the date of accrual thereof, the
amount thereof, and the amount of inter-
est accrued thereon, and the aggregate
amount due and unpaid as of date April
1st, 1928, as herein sued for, is attached
hereto marked “Exhibit A” for identifi-
cation, and now referred t.o and made a
part hereof. That all just and lawful pay-
ments and credits have been allowed there-
on ; and the said aggregate amount is now
accrued, due, owing, and unpaid to plain-
tiff by defendants on said above described
lands, under the terms of said deed, con-
veyance, and water contract, and said or-
der of said Board, and plaintiff has and
is entitled to a lien on said land as pro-
vided in said deed, conveyance, and water
contract to secure and enforce the pay-
ment thereof.
SEVENTH
It was and is expressly provided by the
terms of said deed, conveyance, and water
contract, that all indebtedness to plaintiff
for such rates and charges, if not paid
when due, shall bear interest from the
date when due until paid at the rate of
ten per centum per annum, the payment of
such interest being secured in like manner
as the principal amounts of such charges.
In the itemized statement attached such
interest has been included and calculated
up to April 1st, 1928; and plaintiff is
entitled to recover from defendants the
amount due as of said date, together with
interest thereon from said date until paid
at the rate of ten per cent per annum.
EIGHTH
By reason of the premises, the defend-
ant or defendants have become liable and
promised to pay to plaintiff the amount of
said irrigation rates and charges as above
set forth, with interest thereon as above
stated, but have failed to do so to plain-
tiff’s damage in said amount; and plain-
tiff has become and is entitled to recover
the amount thereof, and to have judgment
against defendant and each of the defend-
ants, jointly and severally, therefor J and
to have the lien provided for in said deed,
conveyance, and water contract, establish-
ed and foreclosed on the above described
lands herein concerned as against the de-
fendants and each of them to secure and
enforce the payment thereof.
WHEREFORE, premises considered, plain-
tiff prays that the defendant or defend-
ants herein be cited according to law to
answer this petition; that upon trial here-
of plaintiff have judgment against
the defendant or defendants, and
each of them jointly and sever-
ally, for the amount of its said rates
and charges, as above alleged, and interest
thereon as above set forth; and establish-
ing and foreclosing its said lien on said
lands above particularly described as
against the defendants and each of them
to secure and enforce the payment there-
of ; and for an order of sale for said lands
for the payment of said indebtedness ; and
for all such other relief, general and spe-
cial, as it may be entitled.
D. W. GLASSCOCK,
Attorney for Plaintiff.
HEREIN FAIL NOT, But have you be-
fore said Court, on said first day of the
next term thereof, this Writ, with your
return thereon, showing how you have ex-
ecuted the same.
WITNESS MY HAND AND OFFICIAL
SEAL At my office in Edinburg, Texas,
this 1st day of August A. D. 1928.
(L.S.) C. L. FORTSON, Clerk,
District Court, Hidalgo County, Texas.
By A. N. VELA, Deputy.
A true copy I certify, A. Y. BAKER,
Sheriff of Hidalgo County, Texas, by J.
R. BALES, deputy.
CITATION BY PUBLICATION
THE STATE OF TEXAS,
To the Sheriff or Any Constable of Hi-
dalgo County—Greeting:
YOU ARE HEREBY COMMANDED To
summon Aaron Hoffman and Sommer, by
making publication of this Citation once
in each week for four consecutive weeks
previous to the return day hereof in some
newspaper published in your County, if
there be a newspaper published therein but
if not, then in the nearest county where
a newspaper is published; to appear at
the next regular term of the 93rd Dis-
trict Court of Hidalgo County, Texas, to
be held at the Court House thereof, in
Edinburg, on the First Monday; in Sep-
tember A. D. 1928, same being the 3rd day
of September, 1928, then and there to
answer a petition, filed in said Court on
the 1st day of August A. D. 1928, in a
suit numbered on the docket of said Court,
No. 6726, wherein American Rio Grande
Land and Irrigation Company, is plain-
tiff any Cynthia Soleman, Aaron Hoff-
man, A. Sommer and Guy R. James, are
Defendants, and the cause of action being
alleged as follows:
STATE CF TEXAS,
COUNTY OF HIDALGO.
In the 93rd District Ourt of
Hidalgo County, Texas
TO SAID COURT AND THE JUDGE
THEREOF:
Your petitioner, the AMERICAN RIO
GRANDE LAND AND IRRIGATION
COMPANY, as plaintiff, complaining of
Cynthia Soleman, Aaron Hotiman, A. Som-
mer and Guy R. James, as defendants, al-
leges :
. . FIRST
Plaintiff is a corporation duly organized
and existing under the laws of Texas, for
irrigation purposes, having its principal of-
fice in the city of Mercedes, Texas, and
for its president Harry L. Seay, who re-
sides in Dallas, Texas, and for its vice-
president H. B. Seay, who resides in Mer-
cedes, Texas.
The defendant Cynthia Soleman is a non-
resident of Texas, and resides at No. 1420
Booker Street, Little Rock, Arkansas, the
residences of the defendants Aaron Hoff-
man and A. Sommer are unknown to this
plaintiff and plaintiff’s attorney herein;
the defendant Guy R. James resides in
Hidalgo County, Texas.
SECOND
Plaintiff secured its cnarter in 1905, and
in pursuance of its powers thereunder ac-
quired title and ownership of what is
known as the “Mercedes Tract” of about
100,000 acres of land, lying in a contigu-
ous body, mostly in Hidalgo and partly in
Cameron Counties, Texas, out of the Lla-
no Grande Grant, riparian to the Rio
Grande river, and having as incident to the
title thereof a right to the use of the wat-
ers of said river for irrigation thereof.
Said lands are located in the semi-arid
portion of Texas where irrigation is a ne-
cessity for agricultural purposes. Plain-
tiff made proper “filings” in the offices
of the county clerks of said counties and,
later, of the Board of Water Engineers,
and secured and owns appropriation rights
and permit to use and divert the waters of
said river for the irrigation of said lands.
Plaintiff subdivided said lands, as appears
from plats thereof duly recorded in said
counties, and, beginning in about 1907, con-
structed, and has since and does now own,
maintain, and operate an irrigation sys-
tem by means whereof plaintiff has been
and is engaged in diverting from said riv-
er and supplying and distributing to said
lands water for irrigation and other law
ful uses; and has made an actual appro-
priation and use of said waters for such
purposes; but plaintiff supplies water only
to such parcels of said land now owned by
its vendees and sub-vendees thereof as
hold under conveyances and written con-
tracts of plaintiff for such water service,
as stated below.
THIRD
Plaintiff has sold and conveyed to a
large number of respective purchasers and
grantees under it, respective subdivision
parcels of said lands, including in its deeds
to them, and in some cases where not con-
tained in the deed then in a separate writ-
ten conveyance and water contract, a
right to be supplied with water for irriga-
tion of the respective parcels of land thus
conveyed, under and by means of said ir-
rigation system, on the terms and condi-
tions therein set forth similar in all ma-
terial respects in all such deeds and con-
tracts, and providing for the payment to
plaintiff from time to time as the sama
should accrue, by the grantees and their
sub-vendees of said lands, respectively, of
irrigation rates and charges on such re-
spective parcels of land: and that •
the payment thereof to plaintiff
be secured by a lien on such respective;
parcels of land expressly reserved and j
provided for in such deeds, conveyances, ■
and water contracts ; and, in substance and ■'
legal effect, that the particular rates and j
charges thus payable on such respective i
parcels of land, the amount thereof, and.'
time and terms of payment thereof, should >
be just and reasonable, as fixed from time •
to time and for respective periods by law-'
ful authority in the manner provided by!
law; it being provided in such deeds, con- '•
veyances, and water contracts, that the.’
terms and provisions thereof, including the1
provisions for the payment of such rates!
and charges for a lien on the land in fa-;
vor of plaintiff to secure the payment;
thereof, shall be covenants running with!
the title of such respective parcels of land!
thus conveyed by plaintiff, and binding on’
all such respective grantees and their sub-'
vendees and all persons holding title to
said lands under plaintiff.
FOURTH
That defendant herein is the owner, or
defendants are ihe owners, of the follow-
ing described lands, a portion of said “Mer-
cedes Tract” out of said Llano Grande,
Grant, being a parcel or parcels or portion
thereof of the subdivision made by plain-
tiff above stated, located under said irri-
gation system of plaintiff, holding title 1
thereto under plaintiff and under a deed,
conveyance, and water contract, contain-
ing terms and provisions as above alleged
executed by plaintiff of which the defend-
ant or defendants are fully informed, same
being a muniment in the chain of title of
defendant or defendants to said lands, and !
which lands are described as follows:
The East 10.00 acres of Farm tract No.
G50 out of the West Tract Subdivision in
Hidalgo County, Texas.
In the alternative, if it appear upon
trial hereof that any defendant is not the
owner of said lands but only asserts a
claim thereto or interest therein or lien
thereon, _ plaintiff alleges that all such
claims, interest, or liens asserted by any j
and all such defendants are unknown to
it as to the exact nature and character
thereof but well known to such defendant
or defendants and that same are infer-
ior and subservient to the rights,
liens and remedies herein assert-
ed by plaintiff; and plaintiff is
entitled to have such defendant or defend-
ants assert his or their claims, interest,
and/or liens herein, and to have its rights,
liens and remedies established as superior
thereto, and its liens asserted herein fore-
closed as against any and all such defend-
ants.
FIFTH
That in respect to the fixing of tlje spe-
cific rates, the amount thereof, and time
and terms of payment thereof, payable to
plaintiff on said lands under the terms of
said deed, conveyance, and water contract
by defendants, plaintiff, the defendants,
and all owners of land under irrigation
system, are subject to the jurisdiction of
the Board of Water Engineers and its duty
and power to fix rates for said system
from time to time as provided by law.
That on, to-wit. May 23rd, 1922, in a cer-
tain proceeding before said Board insti-
tuted by plaintiff and by F. G. Karle, et
al., the latter acting in behalf of all own-
ers of lands under said system entitled
to be supplied with water for irrigation,
including defendants or their predecessors
in title to the lands herein concerned, the
said Board did make, publish, declare, and
p!ace_ in effect its final order and decree
therein of said date, fixing the specific
rates and charges and amount thereof for
the furnishing of water by said system
and under said contracts and the time and
terms of payment thereof; to apply from
April 1, 1922, for the remainder of that
year, and for each succeeding calendar
year until changed or modified in accord-
ance with law; and which have not been
changed or modified, and have ever since
been and are now in force and effect, and
constitute the lawful rates and charges
inuring to plaintiff for such services, and
payable to plaintiff by defendant or de-
fendants under the terms of said water
contract, and secured by the lien on said
land therein provided for. That said or-
der of said Board was and is binding upon
plaintiff and the defendant or defendants
herein, in respect to the lands herein con-
cerned and water contract covering same;
and defendant or the defendants have ac-
quiesced therein, and have secured and
received the benefits of plaintiff’s services
and of its irrigation system thereunder and
under the terms of said water contract,
and have become and are estopped to dis-
pute or deny the same. That the rates
and charges sued for herein, itemized and
described below and in the exhibits at-
tached hereto, are as fixed and determ-
ined by said order of said Board and ap-
ply under said water contract on the lands
herein concerned and above described.
SIXTH
That plaintiff has at all times complied,
and stood ready, willing, and able to com-
ply with its said water contract and the
said order of said Board in respect to the
furnishings of water by its said irriga-
tion system to the lands herein concerned
and above described, and to the defendant
or defendants as the owners of said land;
and there has accrued on said lands and
is now due and payable by the defendant
or defendants herein to plaintiff for the
services of plaintiff and its said irrigation
system, and in default and unpaid, includ-
ing interest calculated in accordance with
the terms of said contract and order up
to April 1st, 1928, including the install-
ment of rates which accrued on said
date, an aggregate amount of, to-wit:
$92.58.
An itemized statement of all such un-
paid rates and charges, showing the na-
ture of each charge or installment of
charges, the date of accrual thereof, the
amount thereof, and the amount of inter-
est accrued thereon, and the aggregate
amount due and unpaid as of date April
1st, 1928, as herein sued for, is attached
hereto marked “Exhibit A” for identifi-
cation, and now referred to and made a
part hereof. That all just and lawful pay-
ments and credits have been allowed there-
on : and the said aggregate amount is now
accrued, due, owing, and unpaid to plain-
tiff by defendants on said above described
lands, under the terms of said deed, con-
veyance, and water contract, and said or-
der of said Board, and plaintiff has and
is entitled to a lien on said land as pro-
vided in said deed, conveyance, and water
contract to secure and enforce the pay-
ment thereof.
SEVENTH
It was and is expressly provided by the
terms of said deed, conveyance, and water
contract, that all indebtedness to plaintiff
for such rates and charges, if not paid
when due, shall bear interest from the
date when due until paid at the rate of
ten per centum per annum, the payment of
such interest being secured in like manner
as the principal amounts of such charges.
In the itemized statement attached such
interest has been included and calculated
up to April 1st, 1928; and plaintiff ia
entitled to recover from defendants tha
amount due as of said date, together with
interest thereon from said date until paid
at the rate of ten per cent per annum.
EIGHTH
By reason of the premises, the defend-
ant or defendants have become liable and
promised to pay to plaintiff the amount of
said irrigation rates and charges as above
set forth, with interest thereon as above
stated, but have failed to do so to plain-
tiff’s damage in said amount; and plain-
tiff has become and is entitled to recover
the amount thereof, and to have judgment
against defendant and each of the defend-
ants, jointly and severally, therefor; and
to have the lien provided for in said deed,
conveyance, and water contract, establish-
ed and foreclosed on the above described
lands herein concerned as against the de-
fendants 8nd each of them to secure and
enforce tha payment thereof.
WHEREFORE, premises considered, plain-
tiff prays that the defendant or defend-
ants herein be cited according to law to
answer this petition; that upon trial here-
of plaintiff have judgment against
the defendant or defendants, and
each of them jointly and sever-
ally, for the amount of its said rates
and charges, as above alleged, and interest
thereon as above set fo. th ; and establish-
ing and foreclosing its said lien on said
lands above particularly described as
against the defendants and each of them
to secure and enforce the payment there-
of ; and for an order of sale for said lands
for the payment of said indebtedness; and
for all such other relief, general and spe-
cial, as it may be entitled.
D. W. GLASSCOCK,
Attorney for Plaintiff.
HEREIN FAIL NOT, But have you be-
fore said Court, on said first day of the
next term thereof, this Writ, with your
return, showing how you have executed
the same.
WITNESS MY HAND AND OFFICIAL
SEAL At my office in Edinburg, Texas,
this 1st day of August, A. D. 1928.
(L.S.) C. L. FORTSON, Clerk,
District Court, Hidalgo County, Texas. •
By A. N. VELA, Deputy. J
A true copy I certify, A. Y. BAKER, I
Sheriff of Hidalgo County, Texas, by J.
R. BALES, Deputy.
CITATION BY PUBLICATION
THE STATE OF TEXAS,
To the Sheriff or Any Constable of Hi-
dalgo County—Greeting:
YOU ARE HEREBY COMMANDED To
summon J. C. Hope by making publica-
tion of this Citation once in each week
for four consecutive weeks previous to the
return day hereof in some newspaper pub-
lished in your County, if there be a news-
paper published therein but if not, then in
the nearest county where a newspaper is
published; to appear at the next regular
terms of the 93rd District Court of Hidal-
go County, Texas, to be held at the Court
House thereof, in Edinburg, on the First
Monday in September A. D. 1928, same
being the 3rd day of September, 1928, then
and there to answer a petition, filed in
said Court on the 1st day of August, A.
D. 1928, in a suit numbered on the dock-
et of said Court, No. 6720, wherein Ameri-
can Rio Grande Land & Irrigation Com-
pany, is plaintiff, and Gulf Coast Securi-
ties Company, a corporation, and D. E.
Kirgan and J. C. Hope are Defendants,
and the cause of action being alleged as
follows :
STATE OF TEXAS,
COUNTY OF HIDALGO.
Ia the 93rd District Court of
Hidalgo County, Texas
TO SAID COURT AND THE JUDGE
THEREOF:
Your petitioner, the AMERICAN RIO
GRANDE LAND AND IRRIGATION
COMPANY, as plaintiff, complaining of
Gulf Coast Securities Company, a corpora-
tion, D. E. Kirgan and J. C. Hope, as
defendants, alleges :
FIRST
Plaintiff is a corporation duly organized
and existing under the laws of Texas, for
irrigation purposes, having its principal of-
fice in the city of Mercedes, Texas, and
for its president Harry L. Seay, who re-
sides in Dallas, Texas, and for its vice-
president H. B. Seay, who resides in Mer-
cedes, Texas.
The defendant Gulf Coast - Securities
Company is a corporation duly organized
and existing under the laws of the State
of Louisiana, and having a permit to do
business in the State of Texas, and having
an agent, namely, D. E. Kirgan, in Hidal-
go County, upon whom service may be
had; the defendant D. E. Kirgan resides
in Hidalgo County, Texas ; the residence of
the defendant J. C. Hope is unknown to
plaintiff and to plaintiff’s attorney herein.
SECOND
Plaintiff secured its cnarter In 1905, and
in pursuance of its powers thereunder ac-
quired title and ownership of what is
known as the “Mercedes Tract” of about
100,000 acres of land, lying in a contigu-
ous body, mostly in Hidalgo and partly in
Cameron Counties, Texas, out of the Lla-
no Grande Grant, riparian to the Rio
Grande river, and having as incident to the
title thereof a right to the use of the wat-
ers of said river for irrigation thereof.
Said_ lands are located in the semi-arid
portion of Texas where irrigation is a ne-
cessity for agricultural purposes. Plain-
tiff made proper “filings” in the offices
of the county clerks of said counties and,
later, of the Board of Water Engineers,
and secured and owns appropriation rights
and permit to use and divert the waters of
said river for the irrigation of said lands.
Plaintiff subdivided said lands, as appears
from plats thereof duly recorded in said
counties, and, beginning in about 1907, con-
structed, and has since and does now own,
maintain, and operate an irrigation sys-
tem by means whereof plaintiff has been
and is engaged in diverting from said riv-
er and supplying and distributing to said
lands water for irrigation and other law-
ful uses; and has made an actual appro-
priation and use of said waters for such
purposes; but plaintiff supplies water only
to such parcels of said land now owned by
its vendees and sub-vendees thereof as
hold under conveyances and written con-
tracts of plaintiff for such water service,
as stated below.
THIRD
Plaintiff has sold and conveyed to a
large number of respective purchasers and
grantees under it, respective subdivision
parcels of said lands, including in its deeds
to them, and in some cases where not con-
tained in the deed then in a separate writ-
ten conveyance and water contract, a
right to be supplied with water for irriga-
tion of the respective parcels of land thus
conveyed, under and by means of said ir-
rigation system, on the terms and condi-
tions therein set forth similar in all ma-
terial respects in all such deeds and con-
tracts, and providing for the payment to
plaintiff from time to time as the same
should accrue, by the grantees and their
•ub-vendees of said lands, respectively, of
irrigation rates and charges on such re-
spective parcels of land; and that
the payment thereof to plaintiff
be secured by a lien on such respective
parcels of land expressly reserved ai
provided for in such deeds, conveyances,
and water contracts; and, in substance and
legal effect, that the particular rates and
charges thus payable on such respective
parcels of land, the amount thereof, and
time and terms of payment thereof, should
be just and reasonable, as fixed from time
to time and for respective periods by law-
ful authority in the manner provided oy
law: it being provided in such deeds, con-
veyances, and water contracts, that the
terms and provisions thereof, including the
provisions for the payment of such rates
and charges for a lien on- the land in la-
vor of plaintiff to secure the payment
thereof, shall be covenants running with
the title of such respective parcels of land
thus conveyed by plaintiff, and binding on
all such respective grantees and their sub-
vendees and all persons holding title to
said lands under plaintiff.
FOURTH
That defendant herein is the owner, or
defendants are ihe owners, of the follow-
ing described lands, a portion of said “Mer-
cedes Tract” out of said Llano Grande
Grant, being a parcel or parcels or portion
thereof of the subdivision made by plain-
tiff above stated, located under said irri-
gation system of plaintiff, holding title
thereto under plaintiff and under a deed,
conveyance, ar.d water contract, captain-
ing terms and provisions as above alleged
executed by plaintiff of which the defend-
ant or defendants are fully informed, same
being a muniment in the chain of title of
defendant or defendants to said lands, and
which lands are described as follows:
The North 13.82 acres of Farm Tract
No. 360 out of the West Tract Subdivision
in Hidalgo County, Texas.
In the alternative, If it appear upon
trial hereof that any defendant is not the
owner of said lands but only asserts a
claim thereto or interest therein or lien
thereon, _ plaintiff alleges that all such
claims, interest, or liens asserted by any
and all such defendants are unknown to
it as to the exact nature and character
thereof but well known to such defendant
or defendants and that same are infer-
ior and subservient to the rights,
liens and remedies herein assert-
ed by plaintiff; and plaintiff is
entitled to have such defendant or defend-
ants assert his or their claims, interest,
and /or liens herein, and to have its rights,
liens and remedies established as superior
thereto, and its liens asserted herein fore-
closed as against any and all such defend-
ants.
FIFTH
That in respect to the fixing of the spe-
cific rates, the amount thereof, and time
and terms of payment thereof, payable to
plaintiff on said lands under the terms of
said deed, conveyance, and water contract
by defendants, plaintiff, the defendants,
and all owners of land under irrigation
system, are subject to the jurisdiction of
the Board of Water Engineers and its duty
and power to fix rates for said system
from time to time as provided by law.
That on, to-wit. May 23rd, 1922, in a cer-
tain proceeding before said Board insti-
tuted by plaintiff and by F. G. Karle, et
ah, the latter acting in behalf of all own-
ers of lands under said system entitled
to be supplied with water for irrigation,
including defendants or their predecessors
in title to the lands herein concerned, the
said Board did make, publish, declare, and
place in effect its final order and decree
therein of said date, fixing the specific
rates and charges and amount thereof for
the furnishing of water by said system
and under said contracts and the time and
terms of payment thereof: to apply from
April 1, 1922, for the remainder of that
year, and for each succeeding calendar
year until changed or modified in accord-
ance with law; and which have not been
changed or modified, and have ever since
been and are now in force and effect, and
constitute the lawful rates and charges
inuring to plaintiff for such services, and
payable to plaintiff by defendant or de-
fendants under the terms of said water
contract, and secured by the lien on said
land therein provided for. That said or-
der of said Board was and is binding upon
plaintiff and the defendant or defendants
herein, in respect to the lands herein con-
cerned and water contract covering same;
and defendant or the defendants have ac-
quiesced therein, and have secured and
received the benefits of plaintiff’s services
and of its irrigation system thereunder and
under the terms of said water contract,
and have become and are estopped to dis-
pute or deny the same. That the rates
and charges sued for herein, itemized and
described below and in. the exhibits at-
tached heretoto, are as fixed and determ-
ined by said order of said Board and ap-
ply under said water contract on the lands
herein concerned and above described.
SIXTH
That plaintiff has at all times complied,
and stood ready, willing, and able to com-
ply with its said water contract and the
said order of said Board in respect to the
furnishings of water by its said irriga-
tion system to the lands herein concerned
and above described, and to the defendant
or defendants as the owners of said land ;
and there has accrued on said lands and
is now due and payable by the defendant
or defendants herein to plaintiff for the
services of plaintiff and its said irrigation
system, and in default and unpaid, includ-
ing interest calculated in accordance with
the terms of said contract and order up
to April 1st, 1928, including the install-
ment of rates which accrued on said
date, an aggregate amount of, to-wit:
$385.66.
An itemized statement of all such un-
paid rates and charges, showing the na-
ture of each charge or installment of
charges, the date of accrual thereof, the
amount thereof, and the amount of inter-
est accrued thereon, and the aggregate
amount due and unpaid as of date April
1st, 1928, as her.ein sued for, is attached
hereto marked “Exhibit A” for identifi-
cation, and now referred to and made a
part hereof. That all just and lawful pay-
ments and credits have been allowed there-
on ; and the said aggregate amount is now
accrued, due, owing, and unpaid to plain-
tiff by defendants on said above described
lands, under the terms of said deed, con-
veyance, and water contract, and said or-
der of said Board, and plaintiff has and
is entitled to a lien on said land as pro-
vided in said deed, conveyance, and water
contract to secure and enforce the pay-
ment thereof.
SEVENTH
It was and is expressly provided by the
terms of said deed, conveyance, and water
contract, that all indebtedness to plaintiff
for such rates and charges, if not paid
when due, shall bear interest from the
date when due until paid at the rate of
ten per centum per annum, the payment of
such interest being secured-in like manner
as the principal amounts of such charges.
In the itemized statement attached such
interest has been included and calculated
up to April 1st, 1928 ; and plaintiff ia
entitled to recover from defendants the
amount due as of said date, together with
interest thereon from said date until paid
at the rate of ten per cent per annum.
EIGHTH
By reason of the premises, the defend-
ant or defendants have become liable and
promised to pay to plaintiff the amount of
said irrigation rates and charges as above
set forth, with interest thereon as above
stated, but have failed to do so to plain-
tiff’s damage in said amount; and plain-
tiff has become and is entitled to recover
the amount thereof, and to have judgment
against defendant and each of the defend-
ants, jointly and severally, therefor; and
to have the lien provided for in said deed,
conveyance, and water contract, establish-
ed and foreclosed on the above described
lands herein concerned as against the de-
fendants and each of them to secure and
enforce tha payment thereof.
WHEREFORE, premises considered, plain-
tiff prays that the defendant or defend-
ants herein be cited according to law to
answer this petition; that upon trial here-
of plaintiff have judgment against
the defendant or defendants, and
each of them jointly and sever-
ally, for the amount of its said rates
and charges, as above alleged, and interest
thereon as above set forth; and establish-
ing and foreclosing its said lien on said
lapds above particularly described as
against the defendants and each of them
to secure and enforce the payment there-
of ; and for an order of sale for said lands
for the payment of said indebtedness; and
for all such other relief, general and spe-
cial, as it may be entitled.
D. W. GLASSCOCK,
Attorney for Plaintiff.
HEREIN FAIL NOT, But have you be-
fore said Court, on the said first day of
the next term thereof, this Writ, with your
return thereon, showing how you have ex-
ecuted the same.
WITNESS MY HAND AND OFFICIAL
SEAL At my office in Edinburg, Texas,
this 1st day of August A. D. 1928.
(L.S.) L. S. FORTSON, Clerk,
District Court, Hidalgo County, Texas.
By A. N. VELA, Deputy.
A true copy I certify, A. Y. BAKER,
Sheriff of Hidalgo County, Texas, by J.
R. BALES, Deputy.
-0-
CITATION BY PUBLICATION
THE STATE OF TEXAS,
To the Sheriff or Any Constable of Hi-
dalgo County—Greeting:
YOU ARE HEREBY COMMANDED To
summon Chas. W. Wincheck, Mary Eliza-
beth Dreamy and Henry Dreamy, by mak-
ing publication of this Citation once in
each week for four consecutive weeks pre-
vious to the return day hereof in some
newspaper published in your County, if
there be a newspaper published therein but
if not, then in the nearest county where
a newspaper is published; to appear at
the next regular term of the 93rd Dis-
trict Court of Hidalgo County, Texas, to
be held at the Court House thereof, in
Edinburg, on the First Monday in Sep-
tember A. D. 1928, same being the 3rd
day of September, 1928, then and there to
answer a petition, filed in said Court on
the 1st day of August, A. D. 1928, in a
suit numbered on the docket of said Court,
No. 6721, wherein American Rio Grande
Land and Irrigation Company, is Plain-
tiff, and Chas. W. Wincheck, Mary Eliza-
beth Dreamy, Henry Dreamy, R. J. Man-
full, Fannie E. Manfull, and O. W. Dick-
erson, are Defendants, and the cause of
- *• ^ '>”.o~ed as follows:
STATE OF TEXAS,
COUNTY OF HIDALGO.
In the 93rd District Court of
Hidalgo County, Texas
TO SAID COURT AND THE JUDGE
THEREOF:
Your petitioner, the AMERICAN RIO '
GRANDE LAND AND IRRIGATION
COMPANY, as plaintiff, complaining of
Chas. W. Wincheck, Mary Elizabeth Drea-
ny, Henry Dreamy, R. J. Manfull and
Fannie E. Manfull, O. W. Dickerson, as
defendants, alleges:
FIRST
Plaintiff is a corporation duly organized
and existing under the laws of Texas, for
irrigation purposes, having its principal of-
fic« in the city of Mercedes, Texas, and
for its president Harry L. Seay, who re-
sides m Dallas, Texas, and for its vice-
president H. B. Seay, who resides in Mer-
cedes, Texas.
The defendant O. W. Dickerson is a non-
resident of Texas and resides at Suite 605
Oil Exchange Bldg., Oklahoma City, Okla-
homa ; the defendants, R. J. Manfull and
Fannie Manfull are non-residents of Tex-
as and reside at Siloam Springs, Arkan-
sas, the residence of the defendants Chas.
W. Wincheck, Mary Elizabeth Dreamy and
Henry Dreamy are unknown to plaintiff
and to plaintiff’s attorney herein.
SECOND
Plaintiff secured its cnarter in 1905,, and
in pursuance of its powers thereunder ac-
quired title and ownership of what is
known as the “Mercedes Tract” of about
100,000 acres of land, lying in a contigu-
ous body, mostly in Hidalgo and partly in
Cameron Counties, Texas, out of the Lla-
no Grande Grant, riparian to the Rio
Grande river, and having as incident to the
title thereof a right to the use of the wat-
ers of said river for irrigation thereof.
Said lands are located in the semi-arid
portion of Texas where irrigation is a ne-
cessity for agricultural purposes. Plain-
tiff made proper “filings” in the offices
of the county clerks of said counties and,
later, of the Board of Water Engineers,
add secured and owns appropriation rights
and permit to use and divert the waters of
said river for the irrigation of said lands.
Plaintiff subdivided said lands, as appears
from plats thereof duly recorded in said
counties, and, beginning in about 1907, con-
structed, and has since and does now own,
maintain, and operate an irrigation sys-
tem by means whereof plaintiff has been
and is engaged in diverting from said riv-
er and supplying and distributing to said
lands water for irrigation and other law-
ful uses; and has made an actual appro-
priation and .use of said waters for such
purposes: but plaintiff supplies water only
to such parcels of said land now owned by
its vendees and sub-vendees thereof as
hold under conveyances and written con-
tracts of plaintiff for such water service,
as stated below.
THIRD
Plaintiff has sold and conveyed to a
large number of respective purchasers and
grantees under it, respective subdivision
parcels of said lands, including in its deeds,
to them, and in some cases where not con-
tained in the deed then in a separate writ-
ten conveyance and water contract, a
right to be supplied with water for irriga-
tion of the respective parcels of land thus
conveyed, under and by means of said ir-
rigation system, on the terms and condi-
tions therein set forth similar in all ma-
terial respects in all such deeds and con-
tracts, and providing for the payment to
plaintiff trom time to time as the same
should accrue. by_ the grantees and their
sub-vendees of said lands, respectively, of
irrigation rates and charges on such re-
spective parcels of land; and that
be secured by a lien on such respective
parcels of land expressly reserved and
provided for in such deeds, conveyances,
and water contracts; and, in substance and
legal effect, that the particular rates and
charges thus payable on such respective
parcels of land, the amount thereoi, and
time and terms of payment thereof, should
be just and reasonable, as fixed from time
to time and for respective periods by law-
ful authority in the manner provided by
law; it being provided in such deeds, con-
veyances, and water contracts, that the
terms and provisions thereof, including the
provisions for the payment of such rates
and charges for a lien on the land in fa-
vor of plaintiff to secure the payment
thereof, shall be covenants running with
the title of such respective parcels of land
thus conveyed by plaintiff, and binding on
all such respective grantees and their sub-
vendees and all persons holding title to
said lands under plaintiff.
FOURTH
That defendant herein is the owner, cr
defendants are the owners, of the follow-
ing described lands, a portion of said “Mer-
cedes Tract” out of said Llano Grande
Grant, being a parcel or parcels or portion
thereof of the subdivision made by plain-
tiff above stated, located under said irri-
gation system of plaintiff, holding title ’
thereto under plaintiff and under a deed,
conveyance, and water contract, contain-
ing terms and provisions as above alleged
executed by plaintiff of which the defend-
ant or defendants are fully informed, same
being a muniment in the chain of title of
defendant or defendants to said lands, and
which lands are described as follows:
Farm Tract No. 466, containing 40.00
acres, more or less, out of the West Tract
Subdivision in Hidalgo County, Texas.
In the alternative, if it appear upon j
trial hereof that any defendant is not the
owner of said lands but only asserts a
claim thereto or interest therein or lien
thereon, _ plaintiff alleges that all such
claims, interest, or liens asserted by any
and all such defendants are unknown to
it as to the exact nature and character
thereof but well known to such defendant
or defendants and that same are infer-
ior and subservient to the rights,
liens and remedies herein assert-
ed _ by plaintiff; and plaintiff is
entitled to have such defendant or defend-
ants assert his or their claims, interest,
and/or liens herein, and to have its rights,
liens and remedies established as superior
thereto, and its liens asserted herein fore-
closed as against any and all such defend-
ants.
FIFTH |
_ That in respect to the fixing of the spe-
cific rates, the amount thereof, and time
and terms of payment thereof, payable to
plaintiff on said lands under the terms of
said deed, conveyance, and water contract
by defendants, plaintiff, the defendants,
and all owners _ of land under irrigation
Bystem, are subject to the jurisdiction of
the Board of Water Engineers and its duty
and power to fix rates for said system
from time to time as provided by law.
That on, to-wit, May 23rd, 1922, in a cer-
tain proceeding before said Board insti-
tuted by plaintiff and by F. G. Karle, et
al., the latter acting in behalf of all own-
ers of lands under said system entitled
to be supplied with water for irrigation,
including defendants or their predecessors
in title to the lands herein concerned, the
said Board did make, publish, declare, and
place in effect its final order and decree
therein of said date, fixing the specific
rates and charges and amount thereof for
the furnishing of water by said system
and under said contracts and the time and
terms of payment thereof; to apply from
April 1, 1922, for the remainder of that
year, and for each succeeding calendar
year until changed or modified in accord-
ance with law; and which have not been
changed or modified, and have ever since
been and are now in force and effect, and
constitute the lawful rates and charges
inuring to plaintiff for such services, and
payable to plaintiff by defendant or de-
fendants under the terms of said water
contract, and secured by the lien on said
land therein provided for. That said or-
der of said Board was and is binding upon
plaintiff and the defendant or defendants
herein, in respect to the lands herein con-
cerned and water contract covering same;
and defendant or the defendants have ac-
quiesced therein, and have secured and
received the benefits of plaintiff’s services
and of its irrigation system thereunder and
under the terms of said water contract,
and have become and are estopped to dis-
pute or deny the same. That the rates
and charges sued for herein, itemized and
described below and in the exhibits at-
tached hereto, are as fixed and determ-
ined by said order of said Board and ap-
ply under said water contract on the lands
herein concerned and above described.
SIXTH
That plaintiff has at all times complied,
and stood ready, willing, and able to com-
ply with its said water contract and the
said order of said Board in respect to the
furnishings of water by its said irriga-
tion system to the lands herein concerned
and above described, and to the defendant
or defendants as the owners of said land;
and there has accrued on said lands and
is now due and payable by the defendant
or defendants herein to plaintiff for the
services of plaintiff and its said irrigation
system, and in default and unpaid, includ-
ing interest calculated in accordance with
the terms of said contract and order up
to April 1st, 1928, including the install-
ment of rates which accrued on sadd
date, an aggregate amount of, to-wit:
83(6.67.
An Itemized statement of all such ua-
paid rates and charges, showing the na-
ture of each charge or installment of
charges, the date of accrual thereof, tha
amount thereof, and the amount of inter-
est accrued thereon, and the aggregate
amount due and unpaid as of date April
1st, 1928, as herein sued for, is attached
hereto marked “Exhibit A” for identifi-
cation, and now referred to and made a
part hereof. That all just and lawful pay-
ments and credits have been allowed there-
on : and the said aggregate amount is now
accrued, due, owing, and unpaid to plain-
tiff by defendants on said above described
lands, under the terms of said deed, con-
veyance, and water contract, and said or-
der of said Board, and plaintiff has and
is entitled to a lien on said land as pro-
vided in said deed, conveyance, and water
contract to secure and enforce the pay-
ment thereof.
SEVENTH
It was and is expressly provided by tha
terms of said deed, conveyance, and water
contract, that all indebtedness to plaintiff
for such rates and charges, if not paid
when due, shall bear interest from the
date when due until paid at the rate of
ten per centum per annum, the payment of
such interest being secured in like manner
as the principal amounts of such charges.
In the itemized statement attached such
interest has been included and calculated
up to April 1st, 1928; and plaintiff is
entitled to recover from defendants the
amount due as of said date, together with
interest thereon from said date until paid
at the rate of ten per cent per annum.
EIGHTH
By reason of the premises, the defend-
ant or defendants have become liable and
promised to pay to plaintiff the amount of
us id irrigation rates and charges as above
set forth, with interest thereon as above
stated, but have failed to do so to plain-
tiff’s damage in said amount; and plain-
tiff has become and is entitled to recover
the amount thereof, and to have judgment
against defendant and each of the defend-
ants, jointly and severally, therefor; and
to have the lien provided for in said deed,
conveyance, and water contract, establish-
ed and foreclosed on the above described
lands herein concerned as against the de-
fendants and each of them to secure and
enforce the payment thereof.
WHEREFORE, premises considered, plain-
tiff pray3 that the defendant or defend-
ants herein be cited according to law to
answer this petition; that upon trial here-
of plaintiff have judgment against
the defendant or defendants, and
each of them jointly and sever-
ally, for the amount of its said rates
and charges, as above alleged, and interest
thereon as above set forth; and establish-
ing and foreclosing its said lien on said
lands above particularly described as
against the defendants and each of them
to secure and enforce the payment there-
of ; and for an oikler of sale for said lands
for the payment of said indebtedness; and
for all such other relief, general and spe-
cial, as it may be entitled.
D. W. GLASSCOCK,
Attorney for Plaintiff.
HEREIN FAIL NOT, But have you be-
fore said Court, on said first day of the
next term thereof, this Writ, with your re-
turn thereon, showing how you have exe-
cuted the same.
WITNESS MY HAND AND OFFICIAL
SEAL At my office in Edinburg, Texas,
this 1st day of August A. D. 1928.
(L.S ) C. L. FORTSON, Clerk,
District Court, Hidalgo County, Texas.
By A. N. VELA, Deputy,
A true copy I certify, A. Y. BAKER,
Sheriff of Hidalgo County, Texas, by J.
R. BALES, Deputy.
CITATION BY PUBLICATION
THE STATE OF TEXAS,
To the Sheriff or Any Constable of Hi-
dalgo County—Greeting:
YOU ARE HEREBY COMMANDED To
summon J. D. King, J. Leonard Rea and
wife Vonnie Rea and C. F. Perry, by mak-
ing publication of this Citation once in
each week for four consecutive weeks pre-
vious to the return day hereof in some
newspaper published in your County, if
there be a newspaper published therein but
if not, then in the nearest county where a
newspaper is published; to appear at the
next regular term of the 93rd District
Court of Hidalgo County, Texas, to be held
at the Court House thereof, in Edinburg,
on the First Monday in September A. d!
1928, same being the 3rd day of Septem-
ber, A. D. 1928, then and there to an-
swer a petition filed in said court on
the 1st day of August, A. D., 1928,
in a suit numbered on the dock-
et of said Court, No. 6722, wherein
American Rio Grande Land and Irriga-
tion Company, is Plaintiff and J. D. King,
Claribel Schenck, H. D. Kusch, J. Leon-
ard Rea and Vonnie Rea, and C. P. Perry,
are Defendants, and the cause of action be-
ing alleged as follows :
STATE OF TEXAS,
COUNTY OF HIDALGO.
Ia the 93rd District Court of
Hidalgo County, Texas
TO SAID COURT AND THE JUDGB
THEREOF:
Your petitioner, the AMERICAN RIO
GRANDE LAND AND IRRIGATION
COMPANY, as plaintiff, complaining at
J. U. King, Claribel Schenck, H. D.
Kuch, J. Leonard Rea and wife Vonnie
Rea, C. F. Perry, as defendants, alleges:
FIRST
Plaintiff is a corporation duly organized
and existing under the laws of Texas, for
irrigation purposes, having its principal of-
fice in the city of Mercedes, Texas, and
for its president Harry L. Seay, who re-
sides in Dallas, Texas, and for its vice-
president H. B. Seay, who resides in Mer-
cedes, Texas.
The defendant the residence of the de-
fendants J. D. King, J. Leonard Rea and
wife Vonnie Rea and C. F. Perry is un-
known to Plaintiff and to Plaintiff’s at-
torney herein; the defendant Claribel
Schenck resides in Hidalgo County; the
defendant H. D. Kusch resides in Starr
County, Texas.
SECOND
Plaintiff secured its cnarter In 1905, and
in pursuance of its powers thereunder ac-
quired title and ownership of what is
known as the “Mercedes Tract” of about
100,000 acres of land, lying in a contigu-
ous body, mostly in Hidalgo and partly in
Cameron Counties, Texas, out of the Lla-
no Grande Grant, riparian to the Rio
Grande river, and having as incident to the
title thereof a right to the use of the wat-
ers of said river for irrigation thereof.
Said lands are located in the semi-arid
portion of Texas where irrigation is a ne-
cessity for agricultural purposes. Plain-
tiff made proper “filings” in the offices
of the county clerks of said counties and,
later, of the Board of Water Engineers,
and secured and owns appropriation rights
and permit to use and divert the waters of
said river for the irrigation of said lands.
Plaintiff subdivided said lands, as appears
from plats thereof duly recorded in said
counties, and, beginning in about 1907, con-
structed, and has since and does now own,
maintain, and operate an irrigation 'Bys-
tem by means whereof plaintiff has been
and is engaged in diverting from said riv-
er and supplying and distributing to said
lands water for irrigation and other law-
ful U3ts; and has made an actual appro-
priation and use of said waters for such
purposes ; but plaintiff supplies water only
to such parcels of said land now owned by
its vendees and sub-vendees thereof as
hold under conveyances and written con-
tracts of plaintiff for such water service,
as stated below.
THIRD
Plaintiff has sold and conveyed to a
large number of respective purchasers and
grantees under it, respective subdivision
parcels of said lands, including in its deeds
to them, and in some cases where not con-
tained in the deed then in a separate writ-
ten conveyance and water contract, a
right to be supplied with water for irriga-
tion of the respective parcels of land thus
conveyed, under ancF by means of said ir-
rigation system, on the terms and condi-
tions therein set forth similar in all ma-
terial respects in all such deeds and con-
tracts, and providing for the payment to
plaintiff trom time to time as the same
should accrue, by the grantees and their
sub-vendees of said lands, respectively, of
irrigation rates and charges on such re-
spective parcels of land; and that
the payment thereof to plaintiff
be secured by a lien on such respective
parcels of land expressly reserved and
provided for in such deeds, conveyances,
and water contracts; and, in substance and
legal effect, that the particular rates and
charges tnus payable on such respective
parcels of land, the amount thereof, and
time and terms of payment thereof, should
be just and reasonable, as fixed from time
to time and for respective periods by law-
ful authority in the manner provided oy
law: it being provided in such deeds, con-
veyances, and water contracts, that the
terms and provisions thereof, including the
provisions for the payment of such rates
and charges for a lien on the land in la-
vor of plaintiff to secure the payment
thereof, shall be covenants running with
the title of such respective parcels of land
thus conveyed by plaintiff, and binding on
all such respective grantees and their sub-
vendess and all persons holding title to
said lands under plaintiff.
FOURTH
That defendant herein is the owrer, or
defendant are ihe owners, of the follow-
ing descrioed lands, a portion of said “Mer-
cedes Tract” out of said Llano Grande
Grant, be’ng a parcel or parcels or portion
thereof of the subdivision made by plain-
tiff above stated, located under said irri-
gation system of plaintiff, holding title
thereto un.ier plaintiff and under a deed,
conveyance, ar.d water contract, curtain-
ing terms and provisions as above alleged
executed by plaintiff of which the defend-
ant or defendants are fully informed, same
be’ng a muniment in the chain of title of
defendant or defendants to said lands, and
which .ands are described as follows:
East 1-2 of North 1-2 Lot 1 in Block 38,
of the Capisallo District Subdivision in
Hidalgo County, Texas.
In the alternative, if it appear upon
trial hereof that any defendant is not the
owner of said lands but only asserts a
claim thereto or interest therein or lien
thereon, plaintiff alleges that all such
claims, interest, or liens asserted by any
and all such defendants are unknown to
it as to the exact nature and character
thereof but well known to such defendant
or defendants and that same are infer-
ior and subservient to the rights,
liens and remedies herein assert-
ed by plaintiff: and plaintiff is
entitled to have such defendant or defend-
ants assert his or their claims, interest,
and/or liens herein, and to have its rights,
liens and remedies established as superior
tl’ceto, and its liens asserted herein fore-
closed as against any and all such defend-
ants.
FIFTH
_ That in respect to the fixing of the spe-
cific rates, the amount thereof, and time
and terms of payment thereof, payable to
plaintiff on said lands under the terms of
said deed, conveyance, and watc contract
by defendants, plaintiff, the defendants,
and all owners of land under irrigation
system, are subject to the jurisdiction of
the Board of Water Engineers and its duty
and power to fix rates for said system
from time to time as provided by law.
That on, to-wit, May 23rd, 1922, in a cer-
tain proceeding before said Board insti-
tuted by plaintiff and by F. G. Karle, et
al., the latter acting in behalf of all own-
ers of lands under said system entitled
to be supplied with water for irrigation,
including defendants or their predecessors
in title to the lands herein concerned, the
said Board did make, publish, declare, and
place in effect its final order anc’ decree
therein of said date, fixing the specific
rates and charges and amount thereof for
the furnishing of water by said system
and under said contracts and the time and
terms of payment thereof: to apply from
April 1, 1922,- for the remainder of that
year, and for each succeeding calendar
year until changed or modified in accord-
ance with law ; and which have not been
changed or modified, and have ever since
been and are now in force and effect, and
constitute the lawful rates and charges
inuring to plaintiff for such services, and
payable to plaintiff by defendant or de-
fendants under the terms of said water
contract, and secured by the lien on said
land therein provided for. That said or-
der_ of said Board was and is binding upon
plaintiff and the defendant or defendants
herein, in respect to the lands herein con-
cerned and water contract covering same:
and defendant or the defendants have ac-
quiesced therein, and have secured and
received the benefits of plaintiff’s services
and of its irrigation system thereunder and
under the terms of said water contract,
and have become and are estopped to dis-
pute or deny the same. That the rates
and charges sued for herein, itemized and
described below and in the exhibits at-
tached hereto, are as fixed and determ-
ined by said order of said Board and ap-
ply under said water contract on the lands
herein concerned and above described.
SIXTH
That plaintiff has at all times complied,
and stood ready, willing, and able to com-
ply with its said water contract and the
said order of said Board in respect to the
Foreign Trade
In New England
Shows Increase
Boston, Mass. —(INS)— Foreign
trade in New England states, with
each of the six states showing sub-
stantial increases except Rhode Is-
land, made a $4,751,587 gain in 1927
over the export of 1926, according
to statistics compiled by the De-
partment of Commerce. This repre-
sents a gain of 2.4 per cent.
Total exports in 1927 were valued
at $197,392,406 as compared with
$192,640,719 in 1926. The Depart-
ment pointed out that these fig-
ures were based on through-bills-of
lading. Therefore the value of New
England-made goods shipped thru
non-New England ports, such as
New York, is not included.
Of the six states Connecticut made
the greatest individual gain in the
value of her 1927 exports over 1926
surpassing her last year’s figure of K
$46,750,487 by $2,150,248 or 4.6 per
cent. Massachusetts also made a
good gain of $2,001,831. All the
other states with the exception of
Rhode Island showed increases.
The principal commodity exported
from Connecticut is typewriters,
which in 1927 amounted to $5,414,-
097 or 11 per cent, of the total. The
value of rubber tires exported was
nearly twice that for 1926, and giv-
ing this commodity second place in
importance. Other products show-
ing increases in this state were met-
al working machinery and brass
bronze products.
Massachusetts’ principal export
commodity is upper and patent lea-
ther valued together at $20,445,119
in 1927 or 17 per cent of the total.
A substantial gain over the 1926
figure was made in the quantity of
patent upper leather exported. Cut-
lery and parts, rubber tires, and
abrasives were other commodities,
which were exported from Massa- f
chusetts in larger amounts for this
year.
Rhode Island ranks third of the
New England states in the value of
commodities exported. Tools, tex-
tile machinery and cotton cloth form-
ed a large part of her total exports
in 1927. The leading products ex-
ported from Maine in 1927 were
manufactures of wood, machinery,
vehicles, and parts, leather boots and
shoes, the last named showing a
large gain over the figure of 1926.
Knitting machinery and parts was
the outstanding export commodity
of New Hampshire. In 1927 it
amounted to $1,907,996 or 27 per
cent of the total. The value of this
commodity was $262,972 greater in
1927 than in 1926.
Vermont’s principal export com-
modity, metal working machinery,
more than doubled its 1926 mark,
reaching a total of $1,102,187 which
amounts to practically 30 per cent
of her total exports.
-o-
A good business man is satisfied
to take things as they come, pro-
vided he can sell them at a profit.
furnishings of water by its said irriga-
tion system to the lands herein concerned
and above described, and to the defendant
or defendants as the owners of said land;
and there has accrued on said lands and
is now due and payable by the defendant
or defendants herein to plaintiff for the
services of plaintiff and its said irrigation
system, and in default and unpaid, includ-
ing interest calculated in accordance with
the terms of said contract and order up ’
to April 1st, 1928, including the install-
ment of rates which accrued on said
date, an aggregate amount of, to-wit:
$94.68.
An itemized statement of all such un-
paid rates and charges, showing the na-
ture of each charge or installment of
charges, the date of accrual thereof, th*
amount thereof, and the amount of inter-
est accrued thereon, and the aggregate
amount due and unpaid as of date April
1st, 1928, as herein sued for, is attached
hereto marked “Exhibit A” for identifi-
cation, and now referred to and made n
part hereof. That all just and lawful pay-
ments and credits have been allowed there-
on : and the said aggregate amount is now
accrued, due, owing, and unpaid to plain-
tiff by defendants on said above described
lands, under the terms of said deed, con-
veyance, and water contract, and said or-
der of said Board, and plaintiff has and
is entitled to a lien on said land as pro-
vided in said deed, conveyance, and water
contract to secure and enforce the pay-
ment thereof.
SEVENTH
It wa3 and is expressly provided by the
terms of said deed, conveyance, and water
contract, that all indebtedness to plaintiff 1
for such rates and charges, if not paid
when due, shall bear interest from the
date when due until paid at the rate of
ten per centum per annum, the payment of
Buch interest being secured in like manner
as the principal amounts of such charges.
In the itemized statement attached such
interest has been included and calculated
up to April 1st, 1928; and plaintiff is
entitled to recover from defendants the
amount due as of said date, together with
interest thereon from said date until paid
at the rate of ten per cent per annum.
EIGHTH "f
By reason of the premises, the defend-
ant or defendants have become liable and
promised to pay to plaintiff the amount of
said irrigation rates and charges as above
set forth, with interest thereon as above
stated, but have failed to do so to plain-
tiff’s damage in said amount; and plain-
tiff has become and is entitled to recover
the amount thereof, and to have judgment
against defendant and each of the defend-
ants, jointly and severally, therefor; and
to have the lien provided for in said #sed,
conveyance, and water contract, establish-
ed and foreclosed on the above described
lands herein concerned as against the de-
fendants and each of them to secure and
enforce tha payment thereof.
WHEREFORE, premises considered, plain-
tiff prays that the defendant or defend-
ants herein be cited according to law to
answer this petition; that upon trial here-
of plaintiff have judgment against
the defendant or defendants, and
each of them jointly and sever-
ally, for the amount of its said rates
and charges, as above alleged, and interest
thereon as above set forth ; and establish-
ing and foreclosing its said lien on said
lands above particularly described as
against the defendants and each of them
to secure and enforce the payment there- >
of; and for an order of sale for Baid land**’ •
for the payment of indebtedness; and ,
for all such other rei.ef, general and spe-Vt
cial, as it may be entitled.
D. W. GLASSCOCK, "
Attorney for Plaintiff.
HEREIN FAIL NuT, But have you be-
fore said Court, on said first day of the
next term thereof, this Writ, with your re-
turn thereon, showing how you have exe- ,
cuted the same.
WITNESS MY HAND AND OFFICIAL
SEAL At my office in Edinburg, Texas,
this 1st day of August A. D. 1928.
(L.S.) C. L. FORTSON, Clerk,
District Court, Hidalgo County, Texas.
By A. N. VELA, Deputy.
A true copy I certify, A. Y. BAKER,
Sheriff of Hidalgo County, Texas, by J,
R. BALES, Deputy.
y /
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The Mercedes News (Mercedes, Tex.), Vol. 5, No. 73, Ed. 1 Friday, August 3, 1928, newspaper, August 3, 1928; Mercedes, Texas. (https://texashistory.unt.edu/ark:/67531/metapth651716/m1/8/: accessed June 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Dr. Hector P. Garcia Memorial Library.