Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-17

OaGOC VI ACI1OU is H.
follows:
A suit FOR debt upon five Special
Assessment Certificates Nos. 10, 81
~. % and "a, Unit rs, and Coupons
thereon issued by the City Of Har-
lingen. on the 18th day Of June
1927. 10 F. p. McElwrath and his
assigns. for a part OF the costs Of
improving that part OF Buchanan
Street, in the City OF Harlingen
Texas AUDITING Lots I, 3. 4, S, and
8. OF Block 149 Townsite OF said City
OF Harlingen. and for interest, rea-
sonable attorneys fees, and costs
and for foreclosure OF the liens Great
ed and fixed against said property by
the City OF Harlingen for such i'm
provements, and upon and to fore
close five certain Contracts. Me-
chanic's and Material Mans Liens
on said property. arising and exist
ing under and by virtue OF certain
Contracts. entered into between F
p. McElwrath and the Defendant
Harrington DEVELOPMENT Company
dated May 18th. 1927. recorded in
Vol. IL. PIP. 37l-374, Vol. 10, I'D 203-
204 and Vol. IA pp. 1854. respec-
lively. Of the Mechanics Lien Re
cords Of Cameron County, Texas
wherein said Defendant Harrington
Development Company promised
and agreed to pay said F. p. Nc
Elwrath, or his assigns the said
amount sued for herein. for making
said improvements, and 10 secure
Z thu noxrn4nnf thn~nlf a.~.~I -
fixed liens upon said property.
That afterwards the said r. p.
McElwrath duly transferred assig-
ned and sold TO the Realty Trust
Company, Plaintiff herein. for a
valuable consideration. said indebt-
ednesses. together with the Certifi-
Gates and Contracts %evidencing the
same. and all right. title liens and
remedies thereof. and the Realty
Trust Company is the present legal
and equitable owner and holder OF
said Certificates. Assessments. and
Contracts. and entitled TO enforce
and collect the same in its own
name.
In its petition Plaintiff alleges
that the City Of Harlingen. IS a
Municipal CORPORATION. situated In
Cameron County. Texas. organized
under the laws of the State OF Tex
as. and operating under a charter
adopted by the qualified voters OF
said City. under provisions Of the
laws of the State Of Texas. with
reference thereto: recites various
things done in accordance with. and
as provided nv Law. empowering the
said City TO improve its streets. etc.
and assess a mart Of the costs there
OF against adjoining owners for the
pro rata OF the costs OF such I'M
provementS, whereupon Defendant
Harlingen Development Company.
became liable for said amount sued
upon herein, as the owner of SAID
property.
Said Certificates recite and certify
substantially that by virtue OF an
Ordinance OF the City. duly passed
on the Goth day Of MAY. 1927. there
was levied and assessed special as
seSSments. amounting TO the ag-
gregate sum of s. ,206.25. against
said property and against said De-
fendant Harrington Development
Company. as the owner thereof
That said Certificates further recite
that said assessments are payable
in four equal installments. due. re-
spectively in or before thirty DAYS
one. two and three years after the
date Of said City's acceptance OF
said work, with interest thereon
from date of said Certificates. at
rate OF 6c per annum. payable an
nually: and also recite that II de-
fault shall be made in the payment
Of any installments of principal or
interest. when due, then at the
option OF said F. p. McElwrath. or
other legal holder OF said Certifi-
Gates and Assessments. the same
shall mature and become PAYABLE
for the full amount OF principal and
interest thereon. and shall be col
lectible with accrued interest and
reasonable attorneys fees and
costs OF collection: that default
having been made in the payment
Of or more OF said installments.
and the interest thereon, Plaintiff.
as the legal owner and holder Of
said Certificates and Coupons at
tached thereto. has declared all
Of said Certificates fully matured,
and has placed said Certificates in
the hands Of its attorneys for COL
lection. and for foreclosure Of IFS
said liens on said premises, and
has agreed I o pay such attorneys
for their services said reasonable
attorneys fee. which Plaintiff al
legeS to be the sum OF $4,000:
whereby the whole amount OF
said Certificates. and all interest
and attorneys fees accrued there
on. have become due and payable.
Plaintiff further alleges that
Defendants S. Finley Ewing and L.
w. Thomas. and each Of them,
have or claim some right. title. lien
or interest in and TO said proper
~, but such claim, lien or interest,
as they have is subject, subordinate
and inferior 70 the liens and claims
OF Plaintiff.
Herein fail not, but have before
said Court. at its aforesaid next
regular term. this writ with your
return thereon, showing how you
have executed the same.
Given under my hand, and the
Seal OF said Court. at office in
Brownsville. Texas. this the 4th
day of March A. D. 1880.
Jno. p. Seaman. Clerk
District Court, Cameron County.
BY NJ. j. McT1ernan Dy.
SEAL
A true copy I certify
Jno. p. Seaman, Clerk
District Court. Cameron Co. Texas.
By M. j. McTiernan Dy.