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

THE A OF TEXAS

~ 1EAA
the Sheriff or n Constable Of
mercn Ccuntcy: Greeting:
iou are hereby commanded TO
um'non J. N. Gallagher and Mrs.
~. Ellis, by making publication Of
ms citation once in each week for
our 80 consecutive weeks previous
the return day hereof in some
aewspaper published in your County,
- Dc and appear at the next regular
Afm OF the One Hundred Third Ju-
oieiai District Court for Cameron
Sounty, Texas, to be holden nj the
Toutl mouse thereof, in Brownsville,
teAas. or the third MONDAY in De-
eeniber, A. ID. 1873, the same being the
seventeenth day Of December, A. d.
.s@c, then and there to answer a pe-
sition Tiled in said Court on the sec
ono Day of July. A. ID. 1928, in a suit
numbeIeu on the docket of said Court
No' 'ooe, wherein Realty Trust Com
Pany, a corporation, is Plaintiff, and
|rs. Eva stack and her husband,
Z. Stack, MRS. s. l.. Ellis and ]. N.
gsiiagher, are Defendants, said Pc
ttlon alleging:
1 ihat heretofore, to-wit, on the 9th
Gay oil April, 1921. the City OF Har-
kngen, acting by its Mayor and City
~Srctary, attested with its corpor-
Dcseai, and executed four certain
Ttes OF special assessment of
clet e, which we're issued by said
hep r. +. McEirwath. and his
for the pro rata part Of the
ro~.paving and improving Of a
SoAii'f East Harrison Street, in
nave. payable by the owners OF
Fhises hereinafter described;
DOtscribed in said certificates,
Eva Stack and husband J. E.
Df5aid certificates being num-
1856, i6, IL, and Is. Said GER
IN No. Is certifies and sets
Substantially that by virtue of
Gfinance Of the City Council of
kntty of Harlingen, Texas, passed
9Th day Of January, 1927, and
Aproceedings Of said City, there
RAied and assessed n special as
ht in the sum of S268.90
IN. certain property in the City
~fngen, 2exas, more particu-
Cntcribed as follows: Situated
FCity of Harrington, Cameron
NJ. Texas, being Lot No. 10. in
No. o. NICHOLS ana IlONcll Au-
fon TO said City. and against the
que owners of said premises who
fAas Eva Stack. Said certificate No.
WIS. being the same as certificate No.
10, but the property being described
as follows: Lot No. 8, in Block g.,
Nichols and Howell Addition of said
city. and against the true owners OF
said premises who was defendant
Iva Stack. Said certificate No. II
being the same as certificate Nos.
is and l6, but the property being
described as follows: Lot No. 5, IN
Block 3. 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. lS being the same as certificates
Nos. Is. 16 and II, but the property
being described as follows: Lot No.
y, in Block 3, Nichols and Howell Adj
dition Of said city, and against the
xtrue 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
kstallmcnts. due respectively on or be-
fore thirty days, me-, two and three
years after the 9th day Of April.
1927. together with interest at 8
per cent per annum. from said date.
n provided that owners have the OPP
ton 10 prepay any installment be-
fore maturity with accrued interest;
said certificates further recite that
I. said assessments were levied by vir-
yue 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
Il Of their PRO rata OF the cost Of i'm
APPROVING a portion Of said street. by
VIRTUE Of contract between the City
4 of Harrington and +. T. McElwrath
dated the 9th day of December, 1926.
and that by said proceedings said
\ special assessments were declared
and made a lien against said prem
4 ises and a personal charge against
the owners thereof. payable to the
said r. r. 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
tion Of said r. r. McElwrath. or
other legal holder OF said certificates
4 and assessments, the same shall ma
4 ture and become payable for the full
amount Of principal and interest
.thereon. and shall be collectible with
Reasonable attorneys fees and
/ csts of collection, if incurred. SAID
assessments evidenced by said GER
tficates and upon the terms therein
IL forth. are regularly valid and en-
E,rcible. and a personal liability
Against the owners of said premises.
and A valid enforcible first and prior
GIien upon said premises.
rL.t karotnfOra to-Wit. on the
18th dsv of January, 1927. by con-
tract AZ said date the said defend
ants Eva Stack and husband j. r.
Etacl. made and executed acknowl-
sdved and delivered TO F. T. MeEl-
rrsth their certain mechanics lien
.~artract which IL duly recorded.
wherein and whereby they gave and
rrsnted to said F. p. McElwrath and
H. assigns an express mechanic
,;sr upon Lot No. 10, in block NO. .,
S;rhols ard Howels Addition OF said
c;ty: On the same date performing
az same obligation as 10 Lot =, IN
NAL Z. Nichols and Howell Add
-, ~ said City: on the same date
rsrforming the same obligations as
- Not No. g. in Block 3. Nichols and
~rowell Addition of said city; and
- the same date performing the
ere obligation as to Lot NO. q, IN
piort :. Nichols and Howell Addition
- che CITY of Harrington. Said Me-
shsnic's Lien was given TO secure
az rayment Of said assessment evil
ssrced by certificates 10, le, IL, and
ss which assessments were IN the
e, - soss.9 90 each, and the defend
- Eva Stack and husband J. +.
snssk and in and by said contracts
.~m;sed and agreed 10 pay said
p. "a the said r. p. McElwrath
u II. assigns. at Corsicana, Texas.