Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-11-05
LEGAL ADVERTISEMENT
THE STATE OF TEXAS

AGA AAu aUIEs
Ellis, BY Masking publication OF
citation once in each week for
~ successive weeks previous
nor- return day hereof, in some
published in Cameron
~ IVY, Texas, TO be and appear at
u next regular term 90 the One
Csuured Third Judicial District
hrourt for Cameron coupt TEXAS 10
noiden at the Court House there
III" brownsville, Texas. on the
saoou Monday in December. A. d..
the same being the 18th day o.
Semoer, 1928, then and there to
wer a petition filed in said court
!; the second day Of July, A. ID. 1928,
sait numbered on the docket
said court No. 1857, wherein
aiIy Trust company. a corporation.
plaintiff, and Eva Stack and her
husband, j. L. Stack, j.. n. Gallagher
YRS. :. G. Ellis, are defendants.
mat heretofore, to-wit. on the
PIN day Of March, 1927, the city of
s.ihgen, acting by it's mayor and
secretary attested with its cor
Aaee sea- and executed certificate
special assessment of said date,
r was issued by said city to r.
hcElwrath and his assigns. for
sne pro-rata part Of the cost OF i'm
t,VIements of a portion Of alley in
Sloek 90, city of Harrington. Cameron
eounty, Texas, payable by the owner
~ the premises hereinafter describ-
20 = described in said certificate.
lto-wit: The defendant, Mrs. Eva
STACK. That said certificate sets
icttn and eertifies substantly that
10y virtue Of an ordinance Of the
NY council of the city Of Harrington.
ieSas, passed on the 22nd day Of
ouiy' 1926. there was levied an as
eessment IN the sum OF S4s. 81,
against certain property in the city
Of hariingen, Texas. more specifi-
cally described hereinafter. and
against the true owner az said prem
lses. That said certificate further
recites substantially that SAID as
~sessnent is psyble in four equal in
staliments due respectively on or be-
ioss 80 days, one. two and three
years after the 18th day Of March.
4vzI, together with interest at the
rate Of 8 per rent per annum from
SAID date, provided that the said
owner has the option TO prepay an
2nstallment before maturity with ac-
erued interest; said certificate fur
Their recites that said assessment
was levied by virtue of the said
ordinance and previous ordinances
and proceedings Of the city council
OF the city Of Harlingen. Texas, pro-
Vlding for the payment by the owner
OF said premises Of her pro rata OF
the cost OF improving a portion of
SAID alley by virtue of the contract
between the city Of Harrington and
r. 7. McElwrath. dated the 10th day
Of May, 1926. and that by said pro-
ceedings said special assessment was
declared and made a lien against
said premises and a personal charge
against the owners thereof. payable
to the said +. r. McElwrath. or his
assigns, in said installments and il
default shall be made in the pay
ment Of any installment when due,
then at the option Of said +. p. Nc
Elwratn, Or other legal holder Of
said certificate and assessment, the
same shall mature and become pay
able for the full amount cf princi-
pal and interest. thereon, and shall
be collected with accrued interest
and reasonable attorneys fees and
costs of collection il Incurred. That.
heretofore. to-wit: On the 18th day
OF December. 1926. by contract OF
that date. the said Eva Stack and
husband, J. T.. Stack, made. exc
cuted. acknowledged and delivered
70 r. r. McElvrath their certain me-
ehanic's lien contract which is duly
recorded. which gave and granted TO
the said F. p. McElwrath an express
mechanics lien upor LOT 70, In block
80. in the city Of Harrington. being
the same identical property escrib-
ed IN the assessment. set out in
plaintiffs petition. To secure the
payment of said assessment and said
cost of improvements OF said street,
which sums they and each Of them
promised and agreed TO pay to the
said +. =. McElwrath or his assigns,
at Corsicans, Texas, in four equal in
stallments. to-wit: One due on or
before thirty days after March Is.
1927. and one due in one, two and
three years. respectively. after said
date, together with interest at the
rate of 3 per cent per annum. the
interest payable annually as il ac-
crues. That heretofore. to-wit. long
prior to the maturity Of the second
installmen due under said assess
ment. certificate and contract. the
said r. p. McElwrath duly transfer
red, assigned and sold 70 the Realty
Trust Company. for a valuable con-
sideration, the last three INSTALL
ments due on said indebtedness, to-
gcther with the certificate and con-
tract e~videncing the same and all
rights, titles. liens and remedies Sc
curing the payment thereof. and the
Realty Trust Company is the present
legal and equitable owner and hold
or Of said certificate. assessment.
and contract, and entitled TO enforce
and collect the same in its W
name. The second installment has
rot been paid. plaintiff alleges that
default has been made by the de-
PENDANT. Eva Stack and husband. J.
r. Stack, and the plaintiff declares
the entire amount due. that said de-
PENDANTS have paid no part az said
Indebtedness 20 plaintiffs damage in
the sum Of $4,000. The reasonable
attorneys fee for collection Of said
due payments is $4,000. which plain
tiff has bound himself TO pay. and
for which defendants and each Of
them are additionally liable. That
the premises described in said GER
tificate. contract and assessment are
as follows. to-wit: All that tract.
piece or parcel Of land lying ard
being situate in the city Of Harlin-
gen. county of Cameron. state of
Texas. being lot No. 10, in block No.
80. Of said city and the same are the
identical premises described in said
assessment certificate and contract.
That said lien is a first. prior and
paramount lien upon said premises.
Plaintiff prays for judgment against