Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-10-29
LEGAL ADVERTISEMENT

recorded. which gave and granted "a
the said ". r. McElwrath an express
mechanics lien upon lot no. In block
80. in the city OF Harrington. being
the same identical property tcscrib-
ed IN the assessment, set out IN
plaintiffs petition. TO secure the
payment Of said assessment and said
cost 81 improvements OF said street,
which sums they and each CT them
promised and agreed to pay 10 the
said r. r. McElwrath or his assigns.
nj Corsicana, Texas. in four equal in
stallments. to-wit: One due on or
before thirty days after March 1d.
1927, and one due in one, two and
three years. respectively. after said
date, together with interest nc the
rate Of , per cent per annum, the
interest payable annually NV TX nc
crues. That heretofore, to-wit. long
prior to the maturity OF the second
installmen due under said assess
nent, certificate and contract. the
said n. H. NcElwrath duly transfer
red. assigned and sold III the Realty
trust Company, Tor a valuable con-
sideration- the last three INSTALL
Mcnts due on said indebtedness. to-
gether with the certificate and con-
tract e%videncing the same and all
rights. titles. liens and remedies s.
curing the payment thereof. and the
Realty Trust Company IA the present
legal and equitable owner and hold
er Of said certificate. assessment.
and contract. and entitled 10 enforce
and collect the same IN III own
name. The second instalImcnt haS
not been paid, plaintiff alleges that
detault has been made by the de-
f%endant. Eva Stack and husband. u.
r stack and the plaintiff declares
the entire amount due, that said de-
PENDANTS have paid no part Of said
indebtedness 70 plaintiffs damage IN
the sum Of $4,000. The reasonable
attorneys fee for collection or said
due payments Is $4,000 which plain
Til has bound himself 10 paw, and
ior which defendants and each or
them are additionally liable. That
tne premises described in said Ger
tllicate. contract and assessment are
as follows. to-wit: All that tract.
piece or parcel of land living ard
oeing situate IN the city OF HArlin-
zen, county of Cameron. state ~
IeNas, being lot No. 10, in block No.
~, of said city and the same are the
identical premises described IN said
assessment certificate and contract.
mat said lien j. a first. prior and
paramount lien upon said premises.
~IiaintIff prays for judgment against
me defendants. Eva Stack and hus-
oand y. n. Stack and each az them-
for the amount or liz debt. ineludinr
principal. interest, attorneys fasx
and costs Of suit. and for the fore
eIosure of is assessments and rom
'ract iiens against all defendants,
ana tnat an order of sale issue. and
tnat SAID property he sold mn under
~.Negution AID the proceeds applied
~ the satisfaction OF plaintiffs dsht
ana for execution and for such oth-
er and further relief. both general
and special. legal and EQUITABLE MI
II may be entitled ~.
herein fail not. but have Won Re-
iore said court nj liz aforesaid raxt
regular term. this writ. With vonr
return thereon. showing how vou
nave executed the same.
Ilven under nv hand and seal w
,aid court M office IN Brownsville.
!eSas' this the 26th day ~ October,
A. u. 1925.
fseal
JOHN r. sCANLAN. Clerk ~
the District Court or Cam
eron County. Teyas.
By Y. M McTTERNAN, Deputy.
10-2a-5-I2-Ig-4t-3Isa