Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-11

filed in said Court on the 18th day
Of December A. d. 1929 in a suit,
numbered on the docket of said
Court No. 9074, wherein Realty Trust
Company is Plaintiff. and Harlingen
DEVELOPMENT Company~IzRER Rob-
efts and 4. w. Thomas are Defen-
dantS,
Plaintiffs Cause or Action Is as
follows:
A suit for debt upon four special
assessment certificates, issued by
the City Of Harrington, Texas, TO
F. p. McElwrath and his assigns.
for the aggregate principal sum OF
$966.6 0 dated june 10. 1927, given
for part Of the costs OF improving
that part Of Buchanan Street. ia
said City Of Harlingen. abutting
Lots 3, 4, ) and ., Block $50. OF the
Townsite OF said City: for interest
thereon, reasonable attorneys fees,
for costs, and foreclosure OF the as
seSsment lien levied against said
property by the City of Harrington,
and upon and to forcloSe four GER
tain voluntary contracts. mortgages
and Mechanics Liens. on said pro-
perty, executed by Harlingen Devel-
opment Company, in favor OF said
r. p. McElwrath and his assigns,
for the said aggregate sum Of $685.
SO. dated May 13, 1927. and recorded
in the Mechanics Lien Records of
Cameron County, and for interest
and reasonable attorneys fees &C
crued thereon, in accordance with
the terms thereof: said contracts
and I.aechanic's Liens having been
executed as collateral to and to
further evidence and secure the
Indebtedness represented by said
certificates.
Plaintiff alleges IN its petition
that by due assignment it now owns
the said certificates, contract. and
liens; alleges that the said City OF
Harrington Is a Municipal Corpora
ton organized under the laws of the
State of Texas. operating under a
Charter adopted by the qualified
voters of said City; recites various
things have been done in accord
ance with and as provided by law.
empowering said City 10 improve
its streets, and to asses a part Of
the costs thereof against adjoining
property owners; recites that by
virtue OF an Ordinance Of said City
OF Harrington, passed on May 20,
1927. there was levied and assessed
against said Defendant Harlingen
Development Company, and against
and fixing a lien upon said proper
ty, special assessments amounting
to the aggregate sum Of $966.6O. as
shown by said certificate, said am
cunt being payable in installments
with interest thereon, from date Of
the certificate, at the rate OF 8 per
cent per annum, and providing for
accelerated maturity Of all said in
stallmentS, in case of default in the
payment Of any installment Of prin-
cipal or interest; and providing for
reasonable attorneys fees; that de-
fault having been made in said pay
ments. Plaintiff has declared all Of
said installments due; placed said
certificates, contracts and liens in
the hands Of attorneys for collec-
ton and foreclosure, and has agreed
to pay said attorneys for their err
vices such reasonable attorneys
fees, which is alleged TO be $4,000.
Plaintiff further alleges that De-
PENDANTS j. r. Roberts and Z. w.
Thomas. and each Of them, have Or
claim some right. title, lien or in
terest i'll and TO said property. but
such claim. lien or interest is SUBJ
ject. subordinate and inferior TO
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 ny Hand and Seal
Of said Court, at office in Browns
Vile, Texas, this. the 4th day Of
March, "A. ID. 1890.
JNO. p. SCANLAN. Clerk
District Court, Cameron
County,
(SEAL)
A True Copy I Certify
JNO. p. SCANLAN,
Clerk. District Court, Cameron Co.,
Texas.
2-If-iQ-0S-1-Af-26Q1