Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-11-19
LEGAL ADVERTISEMENT
THE STATE OF K

- ~ Ellis, by making publication OF
IRIS citation once in each week for
iour t4) successive weeks previous
70 the return day hereof, in some
newspaper published in Cameron
county, Texas. to be and appear at
the next regular term ot the One
Iundred Third Judicial District
court for Cameron county, Texas, to
bs holden at the Court House there
Of, IN Brownsville. Texas. on the
tilrd Monday in December, A. D..
1913. the same being the nth day of
december. 1928, then and there TO
answer a petition filed in said U
on the second day Of July, A. ID. 1873,
~ a suit numbered on the docGe.
o. said court No. 1857. wherein
Realty Trust company. a corporation.
IS plaintiff, and Eva Stack and her
husband, ]. Z. Stack, J. n. Gallagher
ana Mrs. S. c. Ellis. are defendants
alleging:
That heretofore, to-wit, on the
10th day Of March. 1927. the city OF
hariinger. acting by its mayor and
city secretary attested with it's cor
por1te seal and executed certificate
OF special assessment Of said date.
winch was issued by said city to r..
4. McElwrath and his assigns, tor
inc pro-rata part of the cost Of inn
prcYements Of a portion of alley In
blcck So. city Of Harrington. Cameron
county, Texas. payable by the owner
OF the premises hereinafter describ-
Cd and desc, ibed IN said certificate.
to-wit. lie defendant. Mrs. Eva
EfrWL 1hee ...I --~s.rm -
Atcrth and certifies substsntly that
Foy virtue Of an ordinance q the
city council Of the city Of Harrington.
texas. rassel on the 22nd DAY Of
July, 1925. there vas levied an as.
sessment in the sum OF sis 81
against certain property in the city
OF Harrington. Texas. more specif fl
cslly described hereinafter. and
against the true owner az said prem
ites. That said certificate further
reeites substantially that said as
seSsment Is payhle in four equal IN
stallnents due respectively on or be-
fore 80 days. one. two and three
years after the 10th day Of March.
1927. together with interest 1t the
rate Of : per cent per snnum from
said date. provided that the said
owner has the option % prepay an
instsllment before maturity with ac-
crued interest: said certificate fur
Their ~recites taat said assessment
was levied BY virtue Of the said
ordinance and previous ordinances
and proceedings Of the city council
of the city OF Harrington, Texas. pro-
viding for the payment by the owner
Of said premises Of her pro rata Of
the cost of improving o portion Of
said alley BY virtue Of the contract
between the city OF Harrington and
I. y. McElwrath. dated the 18th 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 r. =. McElwrath. or his
assigns. in said inStlllments and n
default shall be made in the pay
ment of any installment when due,
then ~ the option Of said II. u. Me-
Elwrath. or other legal holder OF
said certificate and assessment. the
same shah mature and become pay
able for the full amount # princi-
pal and interest. thereon. and shall
be collected with accrued interest
and reasonable attorneys fees and
costs Of collection IL Incurred. That.
heretofore. to-wit: On the 18th day
Of December. 1925. BY contract or
y that date. the sand Eva Stack and
husband. j. p. Stack, made. exc
ruted. acknowledged aud delivered
20 r. r. McElwrath their certain me-
Chanic's lien contract which is duly
recorded. which gave and granted TO
the ssId Il. y. McElwrsth an express
mechanics lien upon lot 10. in block
SO. IN the city OF Harrington, being
the same identical property escrib-
ed IN the assessment. set out IN
plaintiffs petition. To secure the
payment ~ said assessment and said
cost of improvements Of said street,
which sums they ard each OF them
promised and agreed to pay 10 the
said +. i. McElwrath 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 due in one, two and
three wears. respectively. after said
date. together with interest at the
rate Of : per cent per anrum, the
interest uaysbls annually as IN &C
rrues. That heretofore. to-wit, long
prior 20 the maturity Of the second
instsllmen due under said assess
nent. certificate and contract, the
said r. =. McElwrsth duly transfer
red, assigned and sold to the Realty
Trust Company, for a valuable con
siCeration. the last three install
ments due on said indebtedness, to-
rether With the certificate and con
Awma aHNAn~AN.- IT. - ~
rights, titles. liens and remedies Sc
curing the payment thereof. and the
Realty Trust Company IL the present
legal and equitable owner and hold
err Of said certificate. assessment,
and contract. and entitled % enforce
Aand collect the same in its own
name. Tho second installment has
not been paid, plaintiff alleges that
default has been made BIZ the de-
PENDANT. Eva Stack and husband. ].
Z. Stack, and the plaintiff declares
the entire smount due. that said de-
PENDANTS have paid no part az said
indebtedness 70 plaintiffs damage III
the sum of $4,000. The reasonable
attorneys fee for collection OF said
due payments Is $4,000. which plain
tiff has bound himself "a pay. and
for which defendants and each of
them are additionally liable. That
the premises described In said GER
tificate. contract and assessment arc
as follows. to-wit: All that tract.
piece or parcel Of land lying ard
being situate in the city Of Harlin-
gen. county of Cameron. state Of
Texas. being lot No. r., in block No.
E9. 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 lien upon said premises.
Plaintiff prays for judgment against
the defendants. Eva Stack and hus-
hand J. r. Stack and each Of them
for the amount Of its debt. including