Milam County Historical Commission
Milam County, Texas
Milam County, Texas
Failure to pay lien -
Gaston-Sprinkel Mercantile Company vs H. C. Wethers - 1913
File No. 1106
Justice's Court
Precinct No. 1
Milam County, Texas
Citation
T. G. Sampson, Trustee,
Gaston-sprinkel Merchantile
Co.
vs.
H. C. Wethers
Issued the 14th day of Oct 1913
R. A. Nabours, J.P.
Precinct 1, Milam County, Texas
$42.50 Cameron, Texas Sept 30, 1910
On or before the 1st day of Oct, 1911, for value received, I or we, the undersigned,
living ______________ miles ___________ from Maysfield Post Office, County of Milam
State of Texas, promise to pay to Gaston-Sprinkel Mercantile CO., or order, at their
office in Cameron, Milam County, Texas, the sum of Forty Two & 50/100 DOLLARS with
interest thereon from date at the rate of ten per cent. Per annum. And in case this
note is sued upon, or placed in the hands of an agent or attorney for collection, I or
we agree to pay an additional sum of ten per cent of the principal and interest hereof
as a collection fee. In order to secure the payment of the above indebtedness I hereby
sell and mortgage unto them, the said payees, the following described property (against
which there is no other claims or liens whatsoever), to-wit:
One 2 3/4 inch Studebaker Wagon
Provided that if the undersigned shall pay the said debts, then this mortgage shall be
void.
In the event of default in the payment of the above indebtedness, or in case the said
mortgagees, or their assigns, shall at any time feel unsafe or insecure with reference
to such payment, they are authorized to seize the above described property, and to sell
the same at public sale, with or without previous notice to the public, and to apply
the proceeds of sale to the payment of said debts and expenses.
Witnesses: H. C. Wethers
R. S. Boylin (sp)
B. P. Atkinson (sp)
THE STATE OF TEXAS,
To the Sheriff or any Constable of Milam County, Greeting:
You are hereby commanded that you summon H. C. Wethers to appear before me, at a regular
term of the Justice's Court for Precinct No. 1 in said County of Milam, to be held at my
office in the City of Cameron in the County of Milam on the 24th day of November A.D.
1913 to answer the suit of T. G. Sampson, Trustee, Gaston-Sprinkle Mercantile Company of
Cameron, Texas,
H. C. Wethers
Defendant, being numbered No. 1406 in the Docket of said Court, the plaintiff's demand
being for the sum of Sixty-One ($61) Dollars, due upon a promissory note for the sum of
$42.50 of date Sept., 30th 1910 and due3 on or before the 1st day of Oct., 1911, drawing
interest at the rate of 10% per annum from date and providing for 10% attorneys fees if
placed in the hands of an attorney for collection and payable to the order of Gaston-
Sprinkle Mercantile Company, Cameron, Texas. Said note is secured by a mortgage in
writing upon one 2 3/4 inch Studebaker wagon. That plaintiff is the owner and holder of
said note as trustee of Gaston-Sprinkle Mercantile Company. That said note is now due
and unpaid, altho' defendant has often been requested to pay same has refused and still
refuses to pay same or any part thereof. Plaintiff prays for Citation and for Judgement
for the amount of the note, interest and attorneys fees and for a foreclosure of his
mortgage lien upon the hereinafter described property and for all cost and general
relief.
Herein Fail Not, and of this writ make due return to the next regular term of the
Justice's Court for Precinct No. 1, in said County of Milam, to be held on the 24th day
of November A.D. 1913 next.
Given under my hand, this 14 day of Oct A.D. 1913.
R. A. Nabours Justice of the Peace
Precinct No. 1 Milam County, Texas.
Officer's Return
Came to hand on
the 14 day of
Oct 1913 at ___
o'clock and
executed within
said County of
Milam on the 3rd
day of Nov 19913
at ___ o'clock
by delivering to
the within named
H. C. Wethers.
in person, a
true copy of
this Citation.
Fees:
Serving
1 copy $0.75
Mileage $2.00
Total $2.75
Signed:
Allen Hooks
Sheriff
Milam County, TX
by
L. L. Blaylock
Deputy
.
Thanks to an anonymous contributor,
the following court cases feature copies of the
original paperwork as filed with the Milam County Courthouse.