Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-11-05

THE STATE OF X

this citation once in each week for
four fi) consecutive weeks previous
to the return day hereof in some
newspaper published in your County,
TO be and appear at the next regular
term Of the One Hundred Third Ju-
dicial District Court for Cameron
County, Texas. TO be holden at the
Court House thereof, in Brownsville,
Texas, on the third Monday in De-
cember, A. ID. 1928, the same being the
seventeenth day Of December, A. ID.
1928, then and there 70 answer a pc
tition filed in said Court on the sec
ond day Of July, A. ID. 1928, in a suit
numbered on the docket of said Court
No. 1858, wherein Realty Trust Com
pany, a corporation, is Plaintiff, and
Mrs. Eva Stack and her husband,
J. +. Stack, Mrs. s. {. Ellis and J. N.
Gallagher, are Defendants, said pc
tition alleging:
That heretofore, to-wit. on the 9th
day Of April. 1927, the City Of Har-
lingen, acting by its Mayor and City
Secretary, attested with its corpor-
alton seal. and executed four certain
certificates of special assessment Of
said date, which were issued by said
City to +. p. McElrwath, 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 owners OF
the premises hereinafter described;
and described in said certificates,
to-wit: Eva Stack and husband J. +.
Stack said certificates being num-
bered Is, Is, IL, and Is. Said GER
t~ificate No. 10 certifies and SITS
forth substantially that by virtue Of
an ordinance Of the City Council or
the City Of Harrington, Texas, passed
on the 5th day Of January, 1927, and
other proceedings of said City. there
was levied and assessed j special as
sessment in the sum of $26S.90
against certain property in the City
Of Harrington, Texas, more particu-
larly described as follows: Situated
IN the City Of Harrington, Cameron
County. Texas. being Lot No. 10. in
Block No. Q, Nichols and Howell Ad-
dition TO said City, and against the
true owners Of said premises who
was Eva Stack. Said certificate No.
l6, being the same as certificate No.
IS, but the property being described
as follows: Lot No. 8, in Block 3,
Nichols and Howell Addition Of said
city. and against the true owner OF
said premises who was defendant
Eva Stack. Said certificate No. II
being the same rs certificate Nos.
Is and 16, but the property being
described as follows: Lot No. s, in
Block 8, Nichols and Howell Adddi-
tion 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. 10, Is and IL, but the property
being described as follows: Lot No.
z. in Block 8. Nichols and Howell Ad-
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 &
per cent per annum from said date.
provided that owner have the OPP
ton to prepay any installment be-
fore maturity with accrued interest;
said certificates further recite that
said 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 +. II. McElwrath
dated the 9Th day Of December. 1925,
~ 49, L.~ ru.I nrrwrnAYn- EurI
special assessments were declared
and made a lien against said prem
ises and a personal charge against
the owners thereof. payable to the
said +. +. McElwrath or his assigns.
in said installmcnts. and il default
he made IN the payment Of any in
stallment when due, then. at the or
ton ~ said Y. T.. McElwrath. or
other legal holder OF said certificates
and assessments, the same shall ma
ture and become payable for the full
amount Of principal and interest
thereon. and shall be collectiblc with
reasonable attorneys fees and
costs Of collection. il incurred. Said
assessments evidenced by said GER
tificates and upon the terms therein
set forth, arc regularly valid and en-
forcible. 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
ants Eva Stack and husband J. r.
Stack. made and executed acknowl-
edged and delivered 10 r. i. Neil
wrath their certain mechanics lien
contract which is duly recorded.
wherein and whereby they CAV and
granted to said +. 7. McElwrath and
his assigns an express mechanics
lien upon Lot No. 10. in block No. 3,
Nichols and Howels Addition Of said
City. On the same date performing
the same obligation as TO Lot 3, in
Block 8. Nichols and Howell Add
ton Of said City; on the same date
performing the same obligations as
20 Not No. s. in Block 3. Nichols and
Howell Addition Of said city; and
on the same date performing the
same obligation as to Lot No. q, in
Block 2, Nichols and Howell Addition
Of the City Of HRrlingen. Said Me-
chanic's Lien was given TO secure
the payment OF said assessment evil
denced BY certificates 10. Is, II, and
rs. which assessments we're in the
sum of S26s.90 each. and the defend
ants Eva Stack and husband J. +.
Stack and in and by said contracts
promised and agreed to pay said
sums 10 the said r. i. McElwrath
or his assigns. AZ Corsicana, Texas,
due and payable in four equal install
ments on each contract OF S26s.9O.
dates of the due payments being
due on or before thirty days after
April 6. 1927. and one. two and three
years. respectively. after said date.
together with interest az the rate Of
s per cent per annum from said date
until paid. interest payable annually
NJ the maturity Of each in~stallment.
That heretofore to-wit. long prior TO
the maturity Of the second install
ment due under said assessments.
certificates and contracts. the said