Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-18
LEGAL ADVERTISEMENT
THE A OF X

10 the SnerlII or any constable
OF Cameron COMMUNICATING:
You are hereby commanded 10
summon <. w. Thomas 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 news
paper published therein, but If not,
then in any newspaper published in
the 103rd Judicial District. but If
there be no newspaper published
yn said Judicial District. then In
A newspaper published in the near
cSt, District to said l03rd Judicial
District. to appear al the next reg
ular term OF the District Court Of
Cameron County, TO be holden az
the Court House thereof in Browns
vile. Texas, on the third Monday
in April "A. ID. 1880, the same be-
ing the 2lst day OF April, A. d.
1880. then and there to answer a
petition filed in said Court on the
18th day OF January, A. ID. 1880 in
q suit. numbered on the docket Of
said Court No. 9l77. wherein Realty
Trust Company. is Plaintiff. and
Harrington Development Company,
J. r. Roberts and Z. w. Thomas
are Defendants. Plaintiffs Cause
OF Action Is as follows:
"A suit for debt upon two Special
Assessment Certificates Nos. 5 and
6, Unit IL. and Coupons thereon,
issued by the City OF Harrington,
on the 2lst day OF March. 1927.
to +. p. McElwrath and his assigns,
for a part of the costs of improv-
ing that part of Fillmore Street, in
the City OF Harrington. AUDITING
Lots Z and 8. Block 116. original
townsite to said City of Harrington,
and for interest, reasonable attor-
ney's fees, and costs, and for fore
closure Of the lien created and fix
ed against said property by the
City Of Harlihgen for such improve
ments, and upon and to foreclose
two certain cont. cts. Mechanics
Liens and Material Mans Liens. on
said property, arising and existing
under and by virtue Of certain con-
tracts, entered into between r. p.
McElwrath and the Defendant Har-
iingen Development Company. dated
the 5th day Of February, 1926. re-
corded in Vol. q, pp. ass to 49,. OF
the Mechanics Lien Records OF
Cameron County. Texas. wherein
said Defendant Harlingen Develop
ment Company promised and agreed
to pay said F. p. McElwrath. or
his assigns, the said amount sued
for herein for making said inn
provements. and 70 ecure the pay
ment thereof. created and fixed a
lien upon said property.
That afterwards the said +. p.
McElwrath duly transferred, as
signed and sold 10 the Realty Trust
Company, Plaintiff herein. for a
valuable consideration. said indebt-
edness. 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 70 enforce
and collect the same in its own
name.
In its petition Plaintiff alleges
that the City Of Harrington. is a
Municipal Corporation. situated in
Cameron County, Texas, organized
under the Laws Of the State Of
T'exas, and operating under a char
- adopted by the qualified voters
N said City, under the provisions
of the laws of the State Of Texas,
with reference thereto; recites var
ious things done IN accordance with.
and as provided by law, empower
ing the said City 10 improve It's
streets. etc. and assess a part OF
the costs thereof against adjoining
owners for the pro rata OF the
costs of such improvements. where
upon Defendant Harlingen Develop
ment 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 said city. duly passed
on the 3ist day OF March. 1926,
there was levied and assessed spe-
riai assessments, amounting to the
aggregate sum OF s263.86. against
said property. and against said
Defendant Harrington Development
Company. as the owner thereof.
That said Certificates further recite
hat said assessments are payable
In four equal installmentS. due,
respectively on or before thirty
days. one, two and three years after
the date of said city's acceptance
~ said work. with interest thereon
frnr1 date or said Certificates, a.