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

W. oA& b&A~
summon J. n. Gallagher and Mrs.
s. c. Ellis. by making publication OF
this citation once in each week for
four (4) successive eweeks previous
to the return day hereof, in some
newspaper published in Cameron
county, Texas. to be and appear at
the next regular term % the One
Hundred Third Judicial District
Court for Cameron county. Texas. 10
be holden at the Court House there
Of. in Brownsville, Texas. On the
third Monday in December. A. D..
1928. the same being the 18th day Of
December, 1928. then and there 20
answer a petition filed in said court
on the second day Of July. A. d. 1928,
in a suit numbered on the docke:
OF said court No. 1857. wherein
Realty Trust company. a corporation,
is plaintiff. and Eva Stack and her
husband. J. r. Stack, j. N. Gallagher
and Mrs. S. c. Ellis, are defendants
alleging:
That heretofore, to-wit. on the
10th day Of March. 1927, the city Of
Harrington. acting by its mayor and
city secretary attested with its cor
porate seal and executed certificate
Of special assessment of said date.
which was issued by said city 10 F..
T. McElwrath and his assigns. for
the pro-rata part Of the cost Of i'm
provements OF a portion OF alley in
block SO. city of Harrington, Cameron
county. Texas. payable by the owner
OF the premises hereinafter describ-
ed, and described in said certificate.
to-wit: The defendant. Mrs. Eva
Stack. That said certificate sets
forth and certifies substantlv that
by virtue or an ordinance Of the
city council Of the city Of Harlingen.
Texas. passed on the 22nd day of
July. 1926. there was levied an as
sessment in the sum Of SIS 81,
against certain property in the city
Of Harrington. Texas. more specifi-
cally described hereinafter. and
against the true owner Of said prem
Uses. That said certificate further
r~ecites substantially that said as
sessment is payble in four equal in
stallments due respectively on or be-
fore so days. one. two and three
years after the 18th day Of March.
1927, together with interest at the
rate of 8 per rent per annum from
said date. provided that the said
owner has the option 10 prepay an
installment before maturity with ac-
crucd 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 Harrington, Texas, pro-
viding 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 tho contract
between the city Of Harlingen and
+. L. McElwrath. dated the 18th 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
10 the said r. L. McElwrath, or his
assigns, in said installments and If
default shall be made in the pay
ment Of any installment when due,
then at the option Of said 4. =. Nc
Elwrath. or other legal holder of
said certificate and assessment, the
same shall mature and become pay
able for the full amount If princi-
pal and interest. thereon, and shall
be collected with accrued interest
and reasonable attorneys fees and
costs OF collection if incurred. That,
heretofore, to-wit: On the 18th day
of December, 1926, by contract Of
that date. the said Eva Stack and
kYruLunI L AsnnI r-w1a ava
cuted, acknowledged and delivered
TO +. T. McElwrath their certain me-
chanic's lien contract which is duly
recorded. which gave and granted to
the said r. T.. McElwTath an express
mechanics lien upon lot 10. 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 I. 7. McElwrath or his assigns,
az Corsicana, Texas, In four equal in
stallments. to-wit: One due on or
before thirty days after March l6.
AN-As anu OAG A4E III QilCf WV anu
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 +. 4. McElwrath duly transfer
red, assigned and sold to the Realty
Trust Company. for a valuable on
slderati0u, the last three INSTALL
ments due on said indebtedness. to-
gether with the certificate and con-
tract e%yidencing 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
er Of said certificate. assessment.
and contract, and entitled TO enforce
and collect the same in its own
anne The second lnstallment has
not been paid. plaintiff alleges that
default has been made by the de-
PENDANT. Eva Stack and husband, J..
+. Stack, and the plaintiff declares
the entire amount due. that said de-
PENDANTS have paid no part of said
indebtedness 10 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 10 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 and
being situate in the city of Harlin-
gen. county Of Cameron. state Of
Texas. being lot No. 10. in block No.
50. 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
the defendants. Eva Stack and hus-
L.-l L Cf.-E u-I zach nF fhom-