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

TIE STATE OF TEXAS
To the Sheriff or any Constable Of
Cameron county. Greetings:
You are hereby comma ded to
summon J.. n. Gallagher and Mrs.
s. c. Ellis. by making publication Of
this citation once in each week for
four (4) successive weeks previous
to the return day hereof, in some
newspaper published in Cameron
county, Texas. to be and arDear at
the next regular term 90 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 TO
answer a petition filed in said court
on the second day Of July. A. ID. 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. G. 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 to F.
p. McElwra:h and his assigns. for
the pro-rata part of the cost Of inn
provements of a portion Of alley in
block 50. 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 s%ubstantly that
by virtue or an ordinance Of the
city council Of the city Of Harrington.
Texas. passed on the 22nd day of
July. 1926. there was levied an as
sessment in the sum OF S4Ssi.
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
GNNriltH1 - Pay Dtt III lOuF NIAai III
stallments due respectively on or be-
fore 80 days, one. two and three
years after the 10th day Of March,
1927, together with interest az the
rate Of : per cent per annum from
said date. provided that the said
owner has the option to prepay an
installment before maturity with ac-
crued 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 the contract
between the city Of Harrington and
f. j. McElwrath. dated the 10th day
Of May. 1926, and that by said pro-
ceedings said special assessment was
declared aud made a lien against
said premises and a personal charge
against the owners thereof. payable
20 the said r. p. McElwrath, or his
assigns, in said installments and If
default shall be made in the pay
ment Of any iEstallment when due,
then at the option Of said +. r. Nc
Elwrath. or other legal holder OF
said certificate and assessment. the
same shall mature and become pay
able for the full mount 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
husband. J. T.. Stack, made. exc
cutcd, acknowledged and delivered
to r. Il. McElwrath their certain me-
chanic's lien contract which Is duly
recorded. which gave and granted 10
the said Il. y. McEiwrath an express
mechanics lien upon lot -. in block
50. IN the city OF Harrington. being
tie same identIcal property escrib-
ed IN the assessment. set out IN
plaintiffs petition. To c 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 Z. Z. McElwrath or his assigns,
at Co%rsicana, Texas. in four equal in
stallments. to-wit: One due on or
before thirty days after March 16.
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 MS il nc
crues. That heretofore, to-wit, long
prior to the maturity Of the second
installmen due under said assess
ment, certificate and contract, the
said F. Z. McElwrath duly transfer
red, assigned and sold to the Realty
Trust Company. for a valuable con-
sideration. the last three install
ments due on said indebtedness, to-
gether with the certificate and con
tract evideneing 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
err Of said certificate. assessment,
and contract. and entitled to enforce
and collect the same in its own
name. The second installment 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 & 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
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.