Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-10-29
LEGAL ADVERTISEMENT
THE A OF TEXAS
20 the Sheriff or anv Cons,ah,s .

%0AAAua4IuGu To
.nnnion J.. N. Gallagher and Mrs.
~. Ellis, BY making publication Of
WIS citation once in each week for
our I'd consecutive weeks previous
70 the return day hereof in some
a~e~spaper published in your County,
70 be and appear at the next regular
term OF the One Hundred Third Ju-
uieial District Court for Cameron
Sounty, Texas, to be holden at the
Souft house thereof, in Brownsville.
texas, on the third Monday in De-
eember, A. ID. 1925, the same being the
sessnteenth day of December, A. ID.
.s<o' then and there to answer A pe-
s'sion iiled IN said Court on the sec
ono day of July, A. ID. 1928, in a suit
numbered on the docket of said Court
NO. 1000, wherein Realty Trust Com
psny, = corporation, is Plaintiff, and
Mfs. Eva stack and her husband,
!: Z. Stack, Mrs. S. {. Ellis and ]. N.
~1aiiagher, are Defendants, said pc
titlon alleging:
mat heretofore, to-wit, on the 9th
gay OF April, 1927. the City OF Hsr-
nngen, acting by its Mayor and City
Secretary, sttested with its corpor-
stlon seal, and executed four certain
eertificates of special assessment Of
salu date, which were issued by said
,ity to r. p. M~cEirwath, 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 owner of
the premises hereinafter described;
described in said certificates.
srwit; Eva Stack and husband J. L.
stack said certificates being num-
roered Is, l6, IL, and Is. Said GER
uiicate No. Is certifies and sets
forth substantially that by virtue of
an ordinance Of the City Council of
tne City Of Harlingen, 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 sun Of s26s.90
against certain property in the City
OF Harrington, Texas, more particu-
larry described as follows:s Situated
IN the City Of Harrington. Cameron
County. Texas, being Lot No. 10, in
Block No. 3, Nichols and Howell Ad-
eition to said City, and against the
true owners Of said premises who
WAS Iva 1l6Nhs odiu CttliAiNdlE W.
10, being the same as certificate No.
10, but the property being described
as follows: Lot No. 3, in Block 3,
Nichols and Howell Addition of said
city, and against the true owners of
said premises who was defendant
Eva Stack. Said certificate No. IL
being the same as certificate Nos.
is and is, but the property being
described as follows: Lot No. s. in
Block 3, Nichols and Howell Adddi-
ton OF said city and against the true
owners Of said premises who was de-
PENDANT Eva Stack. Said certificate
No. Is being the same as certificates
Nos. Is. 16 and IL, but the property
being described as follows: Lot No.
2, in Block 8, Nichols and Howell Adj
dition Of said city, and 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
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 s
per cent per annum from said date,
provided that owners have the OPP
tion to prepay any installment be-
fore maturity with accrued interest;
said certificates further recite that
Hsid 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 i'm
proving a portion Of said street, by
virtue Of contract between the City
Of Harrington and f. r. McElwrath
dated the 9Th day of December, 1926.
and that by said proceedings said
special assessments were declared
and made n lien against said prem
Uses and a personal charge against
the owners thereof, payable to h
said F. p. McElwrath or his assigns,
in said installments, and IL default
be made in the payment OF any in
stallment when due. then. at the OPP
ton of said F. p. McElwrath. or
other legal holder of said certificates
and assessments. the same shall ma
ture end become payable for the full
amount Of principal and interest
thereon. and shall be collectible with
reasonable attorneys fees and
costs of collection, IL incurred. Said
assessments evidenced by said GER
hficates and upon the terms therein
act forth. are regularly valid and en-
t,rcible. and a personal liability
against the owners Of said premises,
and a valid enforcible first and prior
lien upon said premises.
That heretofore, to-wit, on the
18th day OF January. 1927. by con
tract Of said date the said defend
eats Eva Stack and husband J. +.
Stack. made and executed aeknowl-
.Sved and delivered to r. P. Neil
~yath their certain mechanics lien
..rtract which is duly recorded,
~asrein and whereby they gave and
vrsrted TO said F. 7. McElwrath and
s;s assigns an express mechanics
i;sr unon Lot No. 10. in block No 3,
Nichols and Howels Addition Of said
r;tv. On the same date performing
az same obligation as TO Lot 3. N
rioek 3. Nichols and Howell Addi-
1 4nr ~ said City: on the same date
lsa-fo-minr the same obligations rs
- M. No. 8. in Block 8. Nichols and
Iowell Addition of said city; and
=, nc same date performing the
$50 ALLEGATION as to Lot No. n. IN
pInrk 4. Nichols and Howell Addition
| - ne CITY Of Harlingen. Said Me-
t.rjr's Lien was given to secure
! 49, psyment Of said assessment evil
s.,ced by certificates Is. is. II. and
,e wh;rh assessments were in the
. vm ~ s26s.90 each. and the defend
80. Eva Stack and husband j. Z.
e.ack and in and by said contracts
srorised and agreed to pay SAID
Pms 70 the said F. p. McElwrath
~ II. assigns, at Corsicana. Texas,