The Fort Stockton Pioneer. (Fort Stockton, Tex.), Vol. 5, No. 51, Ed. 1 Friday, March 28, 1913 Page: 6 of 8
This newspaper is part of the collection entitled: Texas Borderlands Newspaper Collection and was provided to The Portal to Texas History by the UNT Libraries.
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Mm «r warn s s*u
WhmM on thr !4lh dax of
Kfbruir\ 1912, thr Kurt .SUrilon
Imgatrd Com pan >. a cor*
poratioii under thr lawn of thr
Slat** of Tfu>. duly madr «*\r*
ruieii and iMunl to m»* thr »in-
dmuimui ('harlm < Kan*>,|t. it*
certain dmi of trust to i*rn|iert\‘
and real ***tatr. situated in I’m*
County, 1V\a>. hereinafter de*
•rrihed lor thr |tunw«*‘^ umir*
ing th«* ,«ayment of th«* |»rinri|»al
and interest of the five 151 err-
tain note* of mud nir)x'rati<>ii,
I tearing even date therewith, all
payable to the order of Clifford
Histed and .lames W. Oldham.
Trustees, in the several ainounta,
and due reapectivaly, aa follows,
to-wit:
1 note for $200,000 due on or
before March 1. 1913.
1 note for $100,000 due on or
before March 1. 1915.
1 note for $100,000 due on or
before March 1, 1016.
1 note for $150,000 due on or
before March 1, 1017.
1 note fcr $250,000 due on or
before March 1, 1018.
Said notes aggregating the
principal sum of eight hundred
thousand ($800,000) Dollars, and
all bearing interest at the rate of
six per cent (6 per cent) per an-
num from their date, interest
payable semi-annually, both prin-
cipal and interest being payable
at the First National Hank of
Kansas City, Missouri; which
said deed of trust was duly filed
for record in the office of the
County Clerk of Pecos County,
Texas, on the 5th day of March
1912, at 11 o’clock a. m. and duly
recorded in the record of Deeds
of Trust. Volume 3. at pages 515
to 521 inclusive: and
Whereas, by the terms of said
deed of trust, the said Fort Stock-
ton Irrigated I^nds Company
covenanted, stipulated and agreed
among other things as follows:
1. That said Irrigated
Lands Company would
do all the work and per-
form all things necessary to se-
cure and perpetuate the rights
to the “water shed” as in said
deed of trust referred to, and
should at once set about and pro-
cure title to all necessary rights
of way for canals and ditches to
gather and conduct the water
falling upon said water shed, and
that it would secure the rights of
way and reservoir and dam sites
for such purpose within six
months from the date of said
deed of trust, and would
further commence the actual
work of constructing its irri-
gation system, including the
building of the dam for the im-
pounding of the water in the
Bonita and Bonita Annex reser-
voirs not later than December
1, 1912, and that it would dili-
gently prosecute the said work of
development and construction,
and would complete the same so
that the water would be appro-
priated and gathered from said
water shed and delivered into
the said reservoirs and such other
reservoirs as it might construct
thereon, and be ready for deliv-
ery upon the said land for irri-
gation purposes not later than
two years from the said first day
of December 1912.
2. That the said Irrigated
Lands Company would pay and
discharge all sum and sums of
money necessary, or incurred by
it, in the securing of the said
rights of way, reservoir sites, or
in the prosecution of the said
work of development, aftd con-
struction of said irrigation sys*
tern upon said water shed, when
the same became due and pay-
able, and would pay all taxes,
assessments, governmental and
other charges, lawfully levied
and imposed upon the said mort-
gaged premises when and as the
same should become due.
3. That the Irrigated Lands
Company should and would pay
the holders of the notes secured
by said deed of trust the semi-
annual interest as the same
should become due and payable ac-
cording to the terms of said notes,
and would also, when the princi-
pal Mini uti awl natr». according
|o their Urm». Iwnmr due anti
I viable, fully anti mtirrh pay
anti satisfy all of safcl note*,
principal anti interest anti
\\ ht n*»« it was further cove-
nanted ami agreed by the said
deed of trust that if either of the
note* secured by said deed of trust
shttuld riot he |*aid when due. tar
in ram* of default in the pavment
of interest upon any of said rude*
when the same should baoomt
due anti |taxable, or in the event
the saitl Fort Sttickton Irrigated
land* Company should fail to
strictly tit* or perform any act or
obligation in saitl deed of trust
agreed to Is* done or |w*rformed
by it. at the time or in the man-
ner therein stipulated, that then
any holder of a principal note se-
cured thereby might at hi* op-
tion. with, or without notice to
the said lands Company, declare
due and matured all of the prin-
cipal notes secured thereby, and
that when said principal note or
notes should lie matured as afore-
said, they should U* considered
as having become due and matur-
ed under the provisions of said
deed of trust, and for all other
purposes, and that upon such de-
fault and maturity in the pay-
ment of said notes, there should
be further due and collectable
thereon ten }ier cent of the said
principal of said notes as attor-
neys fees, and §
Whereas, the said Fort Stock-
ton Irrigated Lands Company has
made and committed sundry de-
faults in the jierformance of the
obligations imposed upon it by
the said deed of trust, and by the
said notes, which said defaults,
among others, consist in the fol-
lowing:
1. That it has failed and neg-
lected to acquire the rights of
way and reservoir and dam sites
within six months from the date
of said deed of trust, as provided
by Article III thereof;
2. That it has failed to com-
mence the actual work of con-
structing its irrigation system
upon the said water shed by De-
cember 1, 1912, as provided by
Article III of said deed of trust;
3. That it has failed to pay
and discharge the taxes assessed
upon said mortgaged premises
when the same became due and
payable;
4. That it has failed and ne-
glected to pay the principal sum
remaining due, amounting to
$50,000, on the first day of March,
1913, upon the note for $200,000,
being one of the notes secured
by said deed of trust.
5. That it has failed to pay
the interest which became due
on the first day of March, 1913,
upon the notes secured by said
deed of trust.
And, whereas, in consequence
of such defaults, and in the ex-
ercise of the right and power
vested in them by said deed of
trust i n that behalf, Clifford
Histed and James W. Oldham,
Trustees, being the owners and
holders of all of the unpaid notes
secured by said deed of trust,
to-wit: A balance of principal of
$50,000 upon the note maturing
March 1, 1913, and all of said
notes thereafter, payable March
1, respectively, in 1915, 1916,
1917 and 1918, as hereinbefore re-
cited, and pursuant to the terms
and provisions of said deed of
trust, have declared due and ma-
tured all of the said principal
notes, secured by said deed of
trust, which notice of election to
exercise the option and mature
said notes has been duly served
upon the said Fort Stockton Ir-
rigated Lands Company, and
Whereas, the said Clifford
Histed and James W. Oldham,
Trustees, have called upon and
requested the undersigned, as
Trustee, to execute the powers
vested in him by said deed of
trust, and to sell said real estate,
property, rights and privileges
conveyed to him thereby in sat-
isfaction of the said notes, and
interest, taxes and attorneys
fees, as in said deed of trust pro-
vided and hereinbefore recited.
Now, therefore, in considera-
tion of the pffvmnwt, and in Uw
doe fiwutlwi of th** i»»wrr*.
right* ami pnx ikrgr* :m|uml
upon th** u rwimugned a* T ru*
ter. by the aikl ikrii of trust,
notin' is hervbx given that I. as
Truster will inaml to sell at
fMihlie vendue at thr Court lb him*
«h*»r of said Pens Count\. in
Kart Stork ton tn the first
Tunisiax of Muv. 1913, thr name
Max 1913. Is*
|n o'clock, a
Iming the lith da
t'Xeeti th« houri
in., and 4 o'clock, p. m.. for
cash, to satisfy said indebted-
nes* Herein before recited, all of
the following «h*scrilml real e»-
ta<e.. property, privileges and
franchises conveyed to thr *aid
trustee by the said deed of trust
hereinbefore referred to. and
which is more i*articularly de-
scritied a* follows, to-wit:
1. All real estate and inter-
est* in land, or interests arising
out of real estate owned, fxw-
sessed or enjoyed by the Fort
Stockton Irrigated Ijinds Com-
pany at the time of executing
said deed of trust, or which it at
any time thereafter acquired, I
possessed, owned or enjoyed, in-
cluding among others the fol-,
lowing described real estate situ-
ated in Pecos County, State of
Texas, to-wit:
1
a
ORIGINAL
t
!
<
£
GRANTKK
£ ;
i
4
177
216
Joseph Hurleson
3326
16
177
8W*
Joseph Hurleson
12*0
16-34T.
JO*!
J unri Cordova
640
1*
30-216
307
Heirs Jo» Chanijauan
:uo
30
30-216
30*
Heirs Ji*. Champaiirn
Comanche Creek Irr. Ca
8211
22
2
614
1*0
24
2
510
('tfimnrht Crj«k Irr. Cxi
160
26
1
504
ComancheCreek Irr (o
320
26
1
505
* 'omanche < 'reek Irr. Co
Comanche Crack lar . Co
320
27
3
511
40
2*
3
615
Comanche Creek Irr. Co
6IXJ
25*
4
512
Comanche Creek Irr. Co
:«o
30
31
4
6
513
516
CotnancheCreek Irr. Co
t nmarn-hr Creek Irr < '<
Comanche Creek Irr. Ca
33*
640
32
6
517
*40
33
7
51*
C.itnanche Creek Irr.lxi
33.
:«
7
515*
* omanche Creek Irr » o
.320
36
*
520
* 'omanche Creek Irr. Co
33*
3*
12
.526
(aminchf Crtck Irr. Lai
640
40
44
11-23* >,151
1 64
John Flood
Felix Garza
1‘ahlo Hernandez
65*43
160
56
1-23
60
160
66
6*
Felix Hernandez
160
735*
15*41
213
Thomas Janies
640
741
2204
212
Ilowna Kelley
640
742
2204
211
640
744
226
ISO
227
320
*0
760
Anton Menirer
640
753
5*65*
21*
J A. Miller
640
764
765*
5*65*
217
J. A. Miller
640
2644
22*
W. M. Owens
266 6
763
166
317
Heirs Thoe. J. Kohmson
12*0
766
15-341
214
Richard Rutledge
137
76*
14-22
70
Caterina Savena
160
765*
20-136
210
8. A. A M G. Ky. Co.
Heirs Geo. C. Thurman
644*
777
15*3
160
1476
77*
53
Kernardo Torres
160
775*
62
Cesano Torres
160
1315*
1
525*
Torres Irr. A Mfir. Ca.
160
1320
1
531*
Torres Irr. A Mfir. Co.
4*0
1.T21
2
627
Torres Irr. A Mfir. Ca.
320
1322
2
52*
Torres Irr. A Mfir. Co.
33*
2175
13
547
Torres Irr. A Mfir. Co.
320
2330
*60
601
K. J. Carlcton
12*0
2714
2718
316*
3165*
3237
440
5!*!*
1*. H Fall
12*o
7*5*
55*7
1003.126
206
626
33)
206
626
33)
1*36
17
T. C. Ky. Co. . .
640
3238
1*34
15
T. C. Rv. Co.
640
34**6
1*31
5*
T. C. Ry. Co.
640
34(i6
1*32
11
T. C Ry. Co.
640
8407
8408
1*27
1
T. C. Ry. Co.
640
i*2*
3
T. C. Ry. Co.
640
34**5*
1*25*
5
T. C. Ry. Co.
640
3410
1H30
7
T. C. Ry. Co.
640
3411
3*24
1*33
13
T. C. Ry. Co.
640
1026
2
John C. Duvall
640
37*4
1023
1
John H. Callahan
63*. 6
4177
1*36
15*
T, C. ky. (x).
W B. Tunnell
640
4313
4214
16154
1
1244
13
54*
Torres Irr. A Mftr. Co.
33*
4613
64<i
3
Mrs. M J. Ashmore
45*6 2
4643
54*
1
A. (J. Clements
4*0
4661
105*3
1
Conception 1 de Gocner.
137
4663
105*3
8
Conception 1 de Gomez!
345* 33
4664
105*3
4
Conception 1 de Gomez
F. M. Myers
Dm Smith. Jr.....
*
46*!*
4624
1266
4*6
2
1
1001
12*0
4665*
26-6*
5
Conception 1 de Gomez
66
46*5*
264
1
Jane McCullom
12*0
4*4*
_LO—
207 >|
7514
Also all that portion of the
following surveys which are not
included within the plat of Block
No. One of the Fort Stockton
Irrigated Lands Company, which
plat was filed for record in the
office of the County Clerk of
Pecos County, Texas, on the 9th
day of August. 1909:
4*30
762
1872
76ft
774
42
4K47
773
203*
16-275*
36-26
336
71
2*6
1272
_70
ORIGINAL
GRANTEE
Slimit) F. < '<
Jefferson Richards
S. A A M G. Rv. Co
Heir* of Manuel Maria
S. A. A M. G. Ry. Co.
Joae J. Garcia
Mra. Delaney Weat ____
S. A. A M G Ry, < o
< A
»
27
1*4.6
400
222
143
HI .2
161
Also the following tracts in
Block No. One, Fort Stockton Ir-
rigated Lands Company as per
the plat thereof filed for record
on the 9th day of August 1909,
in the office of the County Clerk
of Pecos County, Texas:
Section One; Tracts Thirty-
nine (39), Forty (40), Forty-one
(41), Forty-two (42), Fiftyfive
(55), Fifty-six (56),
Fifty-aeven (57) and Fifty-
eight (58).
Section Three: Tracts One
(1), Two (2), Three (3), Four
(4). Five (5), Six (6), Seven
(7), Eight (8) and Nine (9).
Section Four: Tracts One (1),
Two (2), Three td), Fourteen
(14), Fifteen (15), Sixteen (16),
Seventeen (17), Eighteen (18),
Thirty-one (81). Thirty-two (82),
(ConclwM on peg* 7)
M. L. Abbott
W. B. Dempster
Hotel Stockton
ABBOTT & DEMPSTER, Proprietors
Rates~$2.00 and up
STEAM HEAT, ELECTRIC LIGHTS
PHONES IN ALL ROOMS
BATHS—HOT AND COLD WATER
The Finest Furnished and Best Equipped
Hotel in Western Texas
FORT STOCKTON, TEXAS
W. C. JACKSON
LAWYER
Office* up stair* in the
Stockton Building.
R. D. BLAYDES
Lawyer
Civil and Criminal Practice
State and Federal Courts.
CHAS. T. HALT0M
Lawyfcr and Notary Public.
Fort Stockton, Texas
Pecos, County
HOWELL JOHNSON
LAWYER
Office la Ntackton Building
J. R. STORMS
ATTORNEY at law
Font Stockton. - Tbxam
OFKtrK t!W
■TOOKTON IllJILniMO
R. E. TAYLOR
PHYSICIAN AND BUPQCON
Office at The Fort Stockton Drug Co.
Office hour* from 10 a m to 12 m and 2
to 4 p m. Have auto for country trips.
Dr. L. STEVENS
Physician and Surgeon
Office in Stockton Building
Office Hours: 9 to 12 a. m., 2 to6p. m.
N. P. PUSH
physician Amo awnaeoN
itMMM ihkiim Wy—i» tee
DR. H. B. BOLT
DENTIST
Office in Stockton Building, rooms
30 and SI. Phone 45.
ALL WOBK IB CASH
FOR.
Colorado River
Sand and Gravel
SEE J. H. BAVERLEY, or Write
Colorado River Sand and Gravel Co., Bronte, Texas
•FORT STOCKTON-
Cornice Works,
HARRY DURHAM, Manager
Everything in Tin end Sheet Hetal Work Let US
Tanks, Cornice, Plumbing Work, end All Eigure
Builders’ Sheet Motel Work. w,th you
WELL DRILLING
I am an experienced well driller and
wish to figure with you on deep or
shallow wells.
ARCHIE CRAWFORD
Successor to LIGON BROS.
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Barry, E. The Fort Stockton Pioneer. (Fort Stockton, Tex.), Vol. 5, No. 51, Ed. 1 Friday, March 28, 1913, newspaper, March 28, 1913; (https://texashistory.unt.edu/ark:/67531/metapth806826/m1/6/?q=%22%22~1: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .