Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-03-14
LEGAL ADVERTISEMENT

County, If there be a newspaper
published therein, but if not, then
in any newspaper published in the
103rd Judicial District; but if there
be no newspaper published in said
Judicial District, then in a news
pepper published in the nearest Dis
trict to said 103rd judicial District,
to appear at the next regular term
of the 103rd District Court of Cam
eron County, to be holden at the
Court House thereof, in Browns
vile, Texas, on the third Monday in
April A. D. 1929 the same being the
18th day Of April A. d. 1929, then
and there to answer a petition filed
in said Court on the 25th day Of
August A. D. 1929 in a suit, num-
bered on the docket of said Court
No. 8051, wherein Realty Trust
Company, is Plaintiff, and James w.
Truit is Defendant, and said petit
ton alleging: That heretofore on
the 9th day Of October, 1927, the
City of Harrington, acting by its
Mayor and City Secretary, attested
with its corporate seal, executed one
certain Certificate of Special Assess
ment Of said date, which was issued
by said City to F. P. McElwrath and
his assigns, for the pro rata part of
the cost of improving a portion Of
East Harrison Street in said City,
payable by the owners Of the prem
Uses hereinafter described, and de-
scribed in said Certificate, to said
Defendant, James w. Truit; said
Certificate sets forth and certifies
substantially that by virtue of an
Ordinance Of the City Council Of
the City of Harrington, Texas, passed
on the 26th day of October, 1927,
there was levied and assessment in
the sum of Two Hundred Five and
Eighty : four hundredths Dollars
($205.84) against certain property
in East End Addition to the City of
Harrington, Texas, more particularly
described as follows: Situated in
the City of Harrington, Cameron
County, Texas. being Lot Number
Nine 90 in Block Number One
%, of East End Addition to said
City, and against the true owner
thereof. who was the Defendant
James W. Truit; that said Certifi-
cate further recites substantially
that said Assessment is payable in
four az equal installments due,
respectively, on or before thirty
days 600, One %, Two (2) and
Three 60 years after the End day of
1927. together with inter-
1e+ ~ 49, ~a+1 ~ 1trh& (ON
centum per annum from said date;
provided that said owner has the
to prepay any installment be-
fore maturity with accrued inter-
est; said Certificate further recites
that said assessment vas levied by
virtue of said Ordinance and pre-
vious ordinances and proceedings OF
the City Counsel of the City of Har-
lingen, Texas, providing for the pay
ment by the owners of said prem
iSeS for their pro rata part of the
cost of improving a portion Of said
Street by virtue of a contract be-
tween said City Of Harrington and
T. P. McElwrath, dated May 5. 1926;
that by said proceedings said Spe-
cial Assessment was declared and
made a lien against. said premises,
and a personal charge against the
owner or owners thereof, payable to
said f. P. McElwrath, or his as
signs, in said instrument, and if de-
fault be made in the payment of
any installment. when due. then at
the option of said T. P. McElwrath
or other legal holder Of said Ger
tificate and Assessment, same shah
mature and become payable for the
full amount of principal and inter-
est thereon, and shall be collectible
with accrued interest and reason
able attorneys fees and costs of col
lection, If incurred; that said Ger
tificate recites all proceedings with
reference to making said improve
ments. were regularly had in COM
pliance with law and the Charter Of
said City and the terms of said Ger
tif1cate: that all prerequisites for
fixing the assessment lien on said
premises, and the claims of personal
liability evidenced by said Certifi-
cate, have been performed; that
every requirement provided by law
or the Charter Of said City. or by
said proceedings a. prerequisite to
making Of said improvements and
fixing of said assessment lien and
personal liability. and the issuance
of said Certificate, have been done
and performed in accordance with
law, said Charter and Proceedings;
that the assessment evidenced by
said Certificate upon the terms
therein set forth is regular. valid
and enforcible. a personal liability
against the owner of said premises.