Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-21

LIZ MNd CA1SbAA8 1@l1Nl 1Atn ~ s4
tue OF certain contracts. entered
into between n. ~. McElwrath and
the Defendant Harlingen Develop
ment Company. dated the 5th day
OF February, 1925. recorded In Vols
7 and ., pages l26-i30 ana 452-454.
respectively. of the Mechanics Lien
Records OF Cameron County. Texas,
wherein said DEPENDENT Harrington
Development Company promised
and agreed 10 pay said y. p. McEl-
wrath, or his assigns, the said I'M
cunt sued for herein for making
said improvements. and To secure
the payment thereof, created and
fixed a lien upon said property.
That afterwards the said +. p.
MeElwrath duly transferred. assign
ed and sold 20 the Realty Trust
Company. Plaintiff herein, for q
valuable consideration. said indebt-
eGness. together with the Certifi-
Gates and Contracts evidencing the
same. and aiI 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 10 enforce
and collect same In its own name.
In it's 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 the provisions OF
the Laws OF the State OF Texas,
with reference thereto; reeites var-
ious things done In accordance with
and as provided by law. empower
ing the said City to improve its
streets. etc, and assess q part OF
the costs thereof against adjoining
owners for the pro rata OF the costs
Of such Improvements. Whereupon
DEPENDENT Harlingen Development
Company became liable for said
amount sued upon herein, as the
owner Of said property.
Said certificates recite and GER
tify substantially that by virtue OF
an Ordinance OF the City, duly
passed on the 3ist day OF March,
1926, there was levied and assessed
special assessments. amounting TO
the aggregate sum of $527.76,
against said property and against
said Defendant Harrington Develop
ment Company, as the owner there
OF. That said Certificates further
recite that said assessments are pay
able in four equal instailments. due
respectively on 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
the rate of 3 per cent per annum,
payable annually; and also recite
that IL default shall be made in the
payment of any installments Of
principa! or interest, when due. then
at the option Of said F. p. McEl-
wrath. Oh other legal holder of said
Certificates and Assessments, the
same shall mature and become pay
able for the full amount Of prin-
cipal and interest thereon, and shall
be collectable with accrued interest
and reasonable attorneys fees and
costs OF 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 al OF
said Certificates fully matured, and
has placed said Certificates in the
hands Of its attorneys for collection,
and for foreclosure Of its said leins
on said premises. and has agreed to
pay such attorneys for their services
said reasonable attorneys fee, which
Plaintiff alleges to be the sum OF
$4,000 whereby the whole amount
OF said Certificates, and all inter-
est and attorneys fees accrued
thereon, have become due and pay
able.
Plaintiff further alleges that the
Defendants j. r. Roberts and 4. w.
Thomas. and each OF them. have or
claim some right, title, lien or in
terest in and TO said property, but
such claim, lien or interest, as they
have Is subject. subordinate and in
ferior 70 the liens and claims OF
Plaintiff.
Herein Fail Not, but have before
sid Court, at its aforesaid next reg
ular term, this writ with your re-
turn thereon. showing how you have
executed the same.
Given under My Hand and the
Seal OF said Court, NJ office in
Brownsville this, the 4 day OF March
AID. 1880.
JNO. =. SCANLAN
Clerk, Dist. Court, Cam
eron County.
BY M. j.. McTiernan.
Deputy.