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


~ Ellis, by making publication Of
ms citation once in each week for
~ ls) successive weeks previous
ms return day hereof, in some
published in Cameron
,I.H'y' Texas, to be and appear at
next regular term os the One
Cunured Third Judicial District
hhvurt Tor Cameron county, Texas, 10
= modem ut the Court House there
~; IN Brownsville, Texas, on the
,saaarnd Monday in December. A. d..
ne the same being the 18th day Of
december, 1928, then and there 70
-"s"er a petition filed in said court
"a tne second day of July, A. d. 1928.
q suit numbered on the docke.
SAID court No. 1857, wherein
neatly Trust company, a corporation.
Plaintiff, and Eva Stack and her
husband, ]. T.. Stack, J.. N. Gallagher
and MRS. s. c. Ellis, are defendants,
Ihat heretofore, to-wit. on the
totn day of March, 1927, the city of
narhngen, acting by its mayor and
10y secretary attested with its cor
porate seal and executed certificate
~ special assessment Of said date,
wnich was issued by said city to r.
McElwrath and his assigns. for
'He pro-rata part Of the cost Of i'm
pIoVements Of n portion Of alley in
piock 90, city Of Harrington, Cameron
county, Texas. payable by the owner
OF the premises hereinafter describ-
.o' and described in said certificate.
to~wit: The defendant. Mrs. Eva
stack. That said certificate sets
i.Crlh and certifies subStantlv that
lDy virtue Of an ordinance Of the
city council Of the city Of Harrington.
Iexas. passed on the 22nd day Of
July. 1926, there was levied an as
sessment in the sun Of Siss4,
against certain property in the city
OF harlingen. Texas. more specifi-
cslly described hereinafter. ard
against the true owner of said prem
ises. That said certificate further
recites substantially that said as
sessment Is psyble in four equal in
ttaiiments due respectively on or be-
lore 80 days, one. two and three
years after the 18th day of March,
1877, together with interest at the
rate OF 3 per cent per annum from
said date, provided that the said
owner has the option 10 prepay an
installment before maturity with ac-
crued interest: said certificate fur
tner recites that said assessment
was levied BY virtue of she said
ordnance and previous ordinances
and proceedings Of the city council
ot the city Of H~arlingen, Texas. pro-
vlding 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
i. p. McElwrath. dated the 10Th day
OF May. 1926, and that by said pro-
ceedings said special assessment was
declared and made a lien against
said premises and a personal charge
against the owners thereof. payable
to the said T. p. McElwrath, or his
assignsg in said instailments and il
default shall be made in the pay
ment OF any installment 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 amount 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. tc-wit: On the 18th day
Of December. 1926. by contract Of
that date. the said Eva Stack and
husband, J. y. Stack, made. exc
cuted. acknowledged and delivered
70 +. II. McElwrath their certain me-
chanic's lien contract which is duly
recorded. which gave and granted to
the said f. p. McElwrath an express
mechanics lien uron lot 10. in block
80. in the city Of Harrington, being
the same identical property escrib-
ed IN the assessment. set out IN
plaintiffs petition. To secure 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 10 the
said F. T. MeElwrath or his assigns,
at Corsicana. Texas, in four equal in
Stallments. to-wit: One due on or
before thirty days after March Is.
1927, and one duo 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 as it ac-
crues. That heretofore. to-wit, long
prior 20 the maturity Of the second
installmen due under said assess
ment. certificate and contract. the
said F. T. McElwrath duly transfer
rcd. assigned and sold TO the Realty
Trust Company. for a valuable con-
sideration. the last three INSTALL
mcnts due on said Indebtedness. to-
gcther with the certificate and con-
tract e~yidencing the same and an
~.-LA- Asia ill., --L -.-..I.--
curing the payment thereof. and the
Realty Trust Company is the present
legal and equitable owner and hold
g. Of said certificate. assessment.
and contract. and entitled 10 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.
T.. Stack. and the plaintiff declares
the entire mount due. that said de-
PENDANTS have paid no part Of said
Indebtedness TO plaintiffs damage in
the sum of $4,000. The reasonable
attorneys fee for collection Of said
due payments u $4,000. which plain
tiff has bound himself to pay. and
for which defendants and each of
them are additionally liable. That
the premises described in said Ger
tificate. contract and assessment are
rs follows. to-wit: All that tract.
piece or parcel Of land living ard
being situate in the city of Harlin-
gen. county Of Cameron. state Of
Texas. being lot No. 10. in block No.
80, OF said city and the same are the
identical premises described in said
assessment certificate and contract.
That said lien is a first. prior and
paramount len upon said premises.
Plaintiff prays for judgment against