Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-11-12
THE STAT OF -vxAS

" -
Cameron Countey: erecting:
You are Hereby commanded to
summon j. n. Gallagher and Mrs.
S. c. Ellis, by making publication Of
this citation once in each week for
four (i) consecutive weeks previous
to the return day hereof in some
newspaper published in your County.
TO be and appear at the next regular
term Of the One Hundred Third Ju-
dicial District Court for Cameron
County. Texas. to be holden ut the
Court House thereof, in Brownsville,
Texas, on the third Monday IN De-
cember, A. ID. 1928, the same being the
seventeenth day Of December, A.. ID.
1928, then and there TO answer a pc
tition filed in said Court on the sec
ond day OF July, A. ID. 1928, IN "A suit
numbered on the docket of said Court
No. 1855, wherein Realty Trust Com
pany, a corporation, is Plaintiff, and
Mrs. Eva Stack and her husband.
J. L. Stack, Mrs. s. c. Ellis and J.. N.
Gallagher, are Defendants, said pc
tition alleging:
That heretofore. to-wit. on the 9th
day of April. 1927, the City Of Har-
lingen. acting by its Mayor and City
Secretary. attested with its corpor-
alton seal. and executed four certain
certificates Of special assessment Of
said date. which were issued by said
City to +. p. McEirwath, and his
assigns for the pro rata part of the
cost of paving and improving of a
portion of East Harrison Street, in
said City. payable by the wners Of
the premises hereinafter described:
and described in said certificates.
to-wit: Eva Stack and husband j. +.
Stack said certificates being num-
bered Is, Is, III, and is. Said GER
tificate No. Is certifies and sets
forth substantially that by virtue Of
an ordinance of the City Council Of
the City Of Harrington, Texas. passed
on the 9Th day Of January, 1927. and
other proceedings of said City. there
was levied and assessed a special as
sessment in the sum OF S26S.9O
against certain property IN the City
Of Harlingen. Texas, more particu-
larry described as follows: Situated
IN the City OF Harlingen, Cameron
County. Texas. being Lot No. 10. in
Block No. 3, Nichols and Howell Ad-
dition to said City. and against the
true owners Of said premises who
was Eva Stack. Said certificate No.
is. being the same as certificate NO.
Is, but the property being described
as follows: Lot No. o. in Block 81.
Nichols and Howell Addition Of said
city. and against the rue owners OF
said premises who was defendant
Eva Stack. Said certificate No. II
being the same as certificate Nos.
Is ans 16. but the property being
described as follows: Lot No. q. IN
Block 3. Nichols and Howell Adddi-
ton CT said city and against the true
owner Of said premises who Was de-
PENDANT Eva Stack. Said certificate
No. is being the same as certificates
Nos. ID. rs and III. but the property
being described W. follows: Lot No.
z. in Block 8, Nichols and Howell Adj
dition of said city. and against the
.rne owner Of slid premises who
the defendant Eva Stack. That
each Of said certificates further re-
cite substantially that said assess
ments are payable in four equal in
stallments, due respectively on or be-
fore thirty days, one, two and three
years after the 9th day Of April,
1927, together with interest at >
per cent per annum, from said date,
provided that owners have the op-
tion TO prepay any installment be-
fore maturity with accrued interest;
said certificates further recite that
said assessments were levied by vir-
tue Of the said ordinance and pre-
vious ordinances and proceedings OF
the City Council OF the City of Har-
lingen, Texas, providing for the pay
ment by the owners of said premises
of their pro rata Of the cost of m
proving n portion of said street, by
virtue of contract between the City
of Harlingen and F. p. McElwrath
dated the 9th day Of December, 1926.
and that by said proceedings said
special assessments were declared
and made a lien against ssid prem
ises and a personal charge against
the owners thereof. payable 70 the
said n. T.. McElwrath or his assigns
in said installments. and II default
be made in the payment or any in
stallment when due. then. ~ the or
ton Of said T. 7. NcElwrath. or
other legal holder ar said certificates
and assessments. the same shall ma
ture and become payable for the full
amount of principal and interest
thereon. and shall be collcctible with
reasonable attorneys fees and
costs Of collection. II incurred. Said
assessments evidenced by said Ger
tificatcs and upon the terms therein
set forth, arc regularly valid an en-
forcihlc, and n personal liability
against the owners Of said premises.
and a valid enforcihle first and prior
lien upon said premises.
That heretofore. to-wit. on ?
18th day of January. 1927, by con
tract of said date the said defend
ants Eva Stack and husband J. p.
Stack. made and executed acknovl-
edged and delivered TO +. T. MeEl-
wrath their certain mechanics lien
contract which is duly recorded
wherein and whereby thew gave and
granted 70 said r. y. McElwrath and
his assigns ar express mechanic :
lien upon Lot No. 10. in block No. 3.
Nichols and H0wels Addition Of said
City; On the same date performing
the same obligation as 70 Lot 2, m
Block 3. Nichols and Howell Add
ton OF said City: on the same date
performing the same obligations as
TO Not No. s. in Block 3. Nichols and
Howell Addition of said city; and
on the same date performing the
same obligation as 10 L0t No. Z. in
Block 8. Nichols and Howell Addition
OF the City of Harrington. Said Ne
chanic's Lien was given to secure
the payment OF said assessment evil
denced by certificates Is. IL. ~. and
is, which assessments were IN the
sum or S26S.90 each. and the defend
Eva Stack and husband J. p.
Stack and in and BY said contracts
promised and agreed 10 paw said
sums to the said r. T. McElwrath
or his assigns. AZ Ccrsicana. Texas.
due and payable in four equal install
ments on each contract of S26S.9o.
dates of the due PAYMENTS being
due on or before thirty davs after
April 6. 1927. and one. two and three
years. respectively. after said date.
together with interest at the rate Of
s pcr cent per annum from said date
until paid. interest payable annually
M tie maturity az each inStallracnt.