Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-10
G ADVERTISEMENT

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, DID 203-
204 and Vol. II pp. 1854. respec-
lively. OF the Mechanics Lien Re-
cords OF Cameron County. Texas
wherein said Defendant Harlingen
Development Company promised
and agreed TO pay said r. p. Nc
Elwrath. or his assigns the saIr
amount sued for herein. for maxim
said improvements. and TO secure
the payment thereof. created and
fixed liens upon said property.
That afterwards the said z. p
McElwrath duly transferred asslg-
ned and sold 70 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 Harrington. 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 by law. empowering the
said City 10 improve its streets. etc.
and assess a part Of the costs there
OF against adjoining owners for the
pro rata Of the costs Of such i'm
provements. ~whereupon Defendant
Harrington 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 S1.208.25, against
said property and against said De-
E-.-l.-s LIn-1fs,nnH n-nvrnlnNFnnn
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, al
rate Of SC. per annum, payable an
nually: and also recite that II de-
fault shall be made in the payment
Of any installments of principal OF
interest. when due. then at the
opticn or said +. p. McElvrath, OF
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 or collection: that default
having been made IN the payment
OF one 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 matrred.
and has placed said Certificates in
the hands OF it's attorneys for col
lection. and for foreclosure OF is
said liens on said premises. and
has agreed to 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 F..
w. Thomas. and each Of them.
have or claim some right, title. lien