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

-. =. Ellis, Dy making publication OF
this citation once in each week for
four t4) 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 TO 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 ard her husband.
J. +. Stack, Mrs. 6. c. 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 it's 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 Y. p. McEirwath, 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, II, and is. Said GER
t~ificate No. Is certifies and sets
forth substantially that by virtue of
an ordinance Of the City Council Of
the City Of Harlingea. Texas, passed
on the 9Th day Of January, 1927. and
other proceedings of said City. there
was levied and assessed a special as
sessment in the sum Of S26S.90
against certain property in the City
of Harrington, Texas, more particu-
larry described as follows: Situated
IN the City Of Harrington, Cameron
County. Texas. being Lot No. 10. in
Block No. 3, Nichols and Howell Adj
dition TO said City. and against the
true owners OF said premises who
was Eva Stack. Said certificate No.
i6. being the same as certificate No.
Is, but the property being described
as follows: Lot No. 2. in Block 3.
Nichols and Howell Addition Of said
city. and against the true owners of
said premises who was defendant
Eva Stack. Said certificate No. II
being the same as certificate Nos.
Is and IS. but the property being
described rs follows: Lot No. s, IN
Block 3. Nichols and Howell Adddi-
ton Of said city and against the r
owners OF said premises who was de-
PENDANT Eva Stack. Said certificate
No. Is being the same as certificates
Nos. Is. rs and ia. but the property
being described as follows: Lot No.
z. in Block 3. Nichols and Howell Adj
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 OF or be-
fore thirty days. one, two n three
years after the 9Th day Of April.
1927, together with interest at =
per cent per annum. from said date.
provided that owners have the Op-
ton 20 prepay any installment be-
fore maturity with accrued interest;
said certificates further recite that
said assessments were levied hy vir-
tue Of the said ordinance and pre-
vious ordinances and proceedings Of
the City Council Of the City Of Har-
iinren. Texas. providing for the pay
ment by the owners Of said premises
Of their pro rata Of the cost of inn
proving a portion of said street, by
virtue Of contract between the City
Of Harlingcn and II. II. McElwrath
dated the 9Th day of December. 1926.
and that by said proceedings said
special assessments we're declared
and made n lien against said prem
Uses and n personal charge against
the owners thereof. payable TO the
said r. =. McEiwrath or his assigns.
i'm said installments. and If default
be made in the payment az any IN
stallment when due. then. at the OPP
tion OF said +. 7. McElwrath, or
other legal holder Of said certificates
and assessments. the same shall ma
turc end become payable for the full
amount of principal and interest
thereon. and shall be collectible with
reasonable attorneys fees and
costs Of collection. II incurred. said
assessments evidenced by said GER
tificatcs and upon the terms therein
set forth. arc regularly valid an en-
forcible. and a personal Liability
against the owners of said premises.
and a valid cnforciblc first and prior
lien upon said premises.
That heretofore. to-wit. on the
10th dav Of January. 1927, by con-
tract Of said date the said defend
ants Eva Stack and husband j. r.
Stack. made and executed Hcknowl-
edged and delivered to +. j. McEl-
wrath their certain mechanics lien
contract which ~ duly recorded
wherein and whereby thew gave and
granted 10 said +. =. McElwrath and
his assigns en- express mechanic
lien upon Lot No. 10. IN block No. b.
Nichols and Howels Addition Of said
City; On the same date performing
the same obligation rs t. Lot 2. m
Block 3. Nichols and Howell Add
tion Of said City; on the same date
performing the same OBLIGATIONS as
20 Not No. 8. in Block 3. Nichols and
Howell Addition Of said city; and
on the same date performing the
same obligation as TO Lot No. Z. in
Block 8. Nichols and Howell Addition
or the CITY Of Harlinren. Said Me-
chanie's Lien was given 20 secure
the payment OF said assessment evil
denccd by certificates ~. IL. IL. and
rs. which asscsGlents were In the
sum Of SS6S.90 each. and the defend
ants Eva Stack and husband J.. L.
Stack and in and by said contracts
promised and agreed to a said
sums to the said r. r. McElwrath
or his assigns. az Corsicana. Texas.
due and payable in four equal install
ments on each contract Of S26S.s0.
dates Of the due payments being
due on or before thirty days after
April 6. 1927. and one. two and three
wears. respectively. after said date.
together with interest at the rate Of
S per cent ner annum from said date
until paid. interest payable annually
~ the maturity Of each installment
That heretofore to-wit. long prior 70
the maturity of the second Install
ment due under said assessments.
certificates and contracts. the said
= n aFET--aL IL. ------ -