Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-11-19
THE STAT OF Y
To the Sheriff or ny Constable Q
Enrnnrnr Cnnnfrr. Irrnafinr.

You are lereby commanded to
summon j. n. Gallagher and Mrs.
5. @. Ellis, BY making publication OF
this citation once in each week for
four Cd consecutive weeks previous
10 the return day hereof in some
newspaper published in your County,
10 be and appear at the next regular
term Of the One Hundred Third Ju-
dicial District Court for Cameron
County, Texas, 70 be holden at the
Court House thereof. in Brownsville,
Texas. on the third Monday in De-
csmber. A. ID. 1928, the same being the
seventeenth day OF December, A. u.
1928. then and there 10 answer q pc
tition filed in gard Court on the see
ond day OF July. "A. d. 1928. in a suit
numbered on the docket Of said Court
No. 1888, wherein Realty Trust Com
pany, = corporation, is Plaintiff. and
Mrs. Eva Stack ard her husband,
J. u. 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-
AflOn SEAL anu tAFktANA &NaA NAN
certificates OF special assessment OF
said date. which we're issued by said
CITY to 2. p. McEirwath. and his
assigns for the pro rata part Of the
cost Of paving and improving Of a
portion Of East Harrison Street. ~
said City. payable by the owners o.
the premises hereinafter described:
and described IN said certificates,
tc.wit: Eva Stack and husband j. Z.
Stack said certificates being mum
bered Is. lG. II. and is. said cer-
tifirate No. 10 certifies and sets
forth substantially that by virtue Of
an ordinance OF the City Council Of
the City Of Harlinzer. Texas. passed
on the 5th day OF January. 1927. and
other proceedings Of said City, there
was levied and assessed a special as
sessment in the sum Of S266.9u
against certain property IN the CITY
Of Harrington, Texas. more particu-
larly described as follows: Situated
IN the City OF Harrington. Cameron
County. Texas. being Lot No. 10, ~
Block No. 3. Nichols and Howell Ad-
ditiou "a said City, and against tie
true owners Of said premises who
WAS Eva Stack. Said certificate No.
10. UtlUE tHE NGiAt1 rs 80
Is. hut the property being described
Hs follows: Lot No. 2. in Block 3,
Nichols and Howell Addition Of said
city. and against the true owners oi
said premises who was defendant
Eva stack. Said certificate No. II
being the same a. certificate Nos,
rs and 10. but the property being
described ~ follows: Lot No. d, m
Block g. Nichols and Howell Adddl-
ton Of said city aud against the true
owners Of said premises who WIS de-
PENDANT Eva Stack. Said certificate
No. Is being the same as certificates
Nos. Is. rs and IL, but the property
being described az follows: Lot NO
Z. ~ Block 8. Nichols and Howell Ad-
dition of said city. n against the
true owners of said premises who
was the defendant Eva Stack. That
each Of said certificates further re-
cite substantially that said assess
n,ents arc PAYABLE IN four equal in
stallments, due respectively on or be-
fore thirty days, one, two and three
wears after The 6th dcy of April.
1927. together with interest AZ :
per cent per annum from said date
rroyiicd that owners have the OPP
ton 10 prepay any installment Pc
fore maturity with accrued interest;
said certificates further recite that
said assessments were levied by viz
tue of the said ordinance and pre-
vious ordinances and p~roceedings OF
the City Council OF the City ot hnr-
lingen. Texas, providing for the pay
ment by the owners on said premises
Of their pro rata Of the cost 81 I'M
proving q portion Of said street. hF
virtue Of contract between the Cry
of H.rlingen End =. p McE!Vrsfh
dated the eth Gay - December 1928.
ard that ~ said proceedings saic
spe-ial assessments were declared
and made a lien against said prem
iscs and = personal charge against
the owners thereof. payable TO the
said n. r. McFlwrath or his astlEns.
in said installments, and y deianit
bc made in the payment Of any m
stallment when due, then, az the op-
ton OF said r. T. McElwrsth, or
other legal holder Of said certliicates
and assessments the same shatl ma,
ture and become payable for the fuil
nmount Of principal and interest
thereon. and shall he collectible with
reasonable attorneys fees 7
costs Of collection, IL incurred. Saio
assessments evidenced BY said Ger
tificstes and upon the terms therein
set forth. are regularly valid en-
forcible, and a personal uaoility
against the owners Of said premises
and = valid enforcible first and PRIOR
lien upon said premises.
That heretofore, to-wit, on the
18th dav Of January. 1927. ny con
tract IF said date tho said DEFEND
ants Eva Stack and husband y. r.
stack. made and executed acknowl-
edged and delivered Il T. T. Mctl-
wrath their certain mechanic llen
contract which u duly recorded
wherein and whereby they gave and
granted 10 said r. p. McElwrath and
his assigns an express mechanic :
lie, upon Lot No. 10. in block No. 3,
Nichols and Howels Addition of said
Citv: On the same date performing
the same obligation as 70 Lot 9. IN
Block 8, Nichols and Howell Add
ton Of said City; on the same date
performing the same obligations a.
N Not No. 8, in Block 3, Nichols and
Howell Addition of said city; and
on the same date performing the
same obligation as 70 Lot No. Z. in
Block 3. Nichols and Howell Addition
Of the City Of Hsrlingen. Said Me
chanic's Lien was given 70 secure
the payment OF said assessment evil
dencei ~ certificates Is, is, IL. and
Is. which assessments were in the
sun OF s26s.90 each. and the defend
ants Eva Stack and husband j. u.
Stack snd in and by said contracts
promised ard agreed 70 pay said
sums to the said +. P. McElwrath
or his assigns. at Corsieana, Texas,
due and payable in four equal INSTALL
ments on each contract Of S26s.9,
dates OF the due payments being
due on or before thirty days after
April S. 1927, and one. two and three
years. respectively. after said date.
together with interest at the rate Of
s rer cent ner anrum from said date
until paid. interest payable annually
al the maturity Of each installment.
That heretofore to-wit. long prior TO
the maturity Of the second install
ment due under said assessments.
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