Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-03-28
THE STATE OF TEXAS


To the Sheriff or any Constable of
Cameron County-Greeting:
You are Hereby Commanded to
summon James w. Truit by making
publication of this Citation once in
each week for four successive weeks
previous to the return day hereof, in
some newspaper published in your
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 q 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, u 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 n
certain Certificate Of Special Assess
nent 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,
uayable by the owners of the prem
jses hereinafter described, and de-
scribed in said Certificate, to said
Defendant, James w. Truit; said
Certificate sets forth and certlfleS
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
fs2o5.S4) against certain property
~ East End Addition to the City of
A.arlingen, Texas. more particularly
. cribed as follows: Situated In
R City Of Harrington, Cameron
County, Texas. being Lot Number
Nine Co) in Block Number One
IL, Of East End Addition to said
City, and against the true owner
thereof. who was the Defendant
James w. Truit; that said Certif1-
cate further reciteS substantially
that said Assessment is payable in
four a. equal installmentS due.
respectively. on or before thirty
DAYS (3O. One ~. Two C2) and
Three CD years after the End day OF
February. 1927. together with inter
est at the rate Of eight CD per
centum per annum from said date;
provided that said owner has the
option to prepay any installment be-
fore maturity with accrued inter-
est: said Certificate further recites
that said assessment was levied by
virtue of said Ordinance and pre-
vicus ordinances and proceedings OF
the City Counsel Of the City OF Har-
lingen. Texas, providing for d pay
n1ent 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
r. P. McElwrath. dated May 5. 1926,
that by said proceedings said Spe-
ciaI Assessment was declared and
made a lien against said premises.
and a personal charge against the
owner or owners thereof, payable to
1 said F. p. McElwrath, or his as
signs, in said instrument. and if de-
fault be made in the payment O.
any installment. when due. then at
the option of said F. P. McElwrath
or other legal holder Of said Ger
tificate and Assessment. same shall
mature and become payable for the
full amount of principal and inter-
est thereon. an0 shall be collectible
with accrued interest and reason
able attorneys fees and costs OF col