Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-28
THE STATE OF X


You are hereby commanded 10
summon K. w. Thomas by making
publication OF this Citation once
IN each week for four successive
weeks previous TO the return day
hereof. III some newspaper publish
cd IN your County, II there be a
newspaper published therein, bus
iI not, then in any newspaper pub
lished in the lo3rd judicial District,
but II there be no newspaper pub
llshed in said Judicial District.
then in a newspaper published in
the nearest District to said l03rd
Judicial District. to appear at the
next regular term OF the DlsLric.
Court Of Cameron County. to be
holden at the Court House thereof
In Brownsville, Texas, on the 3rd
Monday in April, "A. ID. 1890 the
same being the 2lst day OF April,
4. ID. 1850. then and there 70 an
swer a petition filed in said Court
on the 18th day of January. 4. ID.
1890 in a suit, numbered OH the
docket Of said Court No. OTIS,
wherein Realty Trust Company Is
Plaintiff. and Harrington Develop
ment Company, j. r. Roberts, Z.
w. Thomas and Cameron County
Realty Company are Defendants.
Plaintiffs Cause Of Action Is as
follows:
A suit for debt upon two Special
Assessment Certificates issued BY
the City of Harrington. Texas. TO
+. p. McElwrath and his assigns,
for the aggregate principal sum 81
S263.88 dated March 81, 1927, gwen
for part Of the costs Of improving
that part OF Fillmore Street, in sale
City OF Harrington, abutting Lots
l and ?. Bloc: l27. original town
site to said city; for interest there
Oh. reasonable attorneys fees. for
costs. and foreclosure Of the assess
ment liens levied against said prop
erty by the City OF Harlingen; and
upon and TO ~foreclose two certain
voluntary contracts. mortgages and
Mechanics Liens OH said property,
executed by Harrington Development
Company IN favor Of said T.. p.
McElwrath and his assigns. for the
said aggregate sum OF S263.33, dated
February 5. 1926, and recorded IN
the Mechanics Liens Records OF
Cameron County. and for interess
and reasonable attorneys fees ac-
crued thereon. in accordance with
the terms thereof; said contracts
and Mechanics Liens having been
executed as collateral 10 and 10
further evidence and secure, ire
indebtedness represented by sai-
certificates.
Plaintiff alleges in It's petition
that 10y due assignment it now owns
the said certificates. contracts and
liens; alleges that the said City
OF Harrington Is a Municipal Cor
poration. organized under the Laws
Of the State OF Texas. operating
under a charter adopted by the
qualified voters OF said City; recites
various things having been done in
accordance with and as provided
by law, empowering said City to
improve its streets. and to assess
q part OF the costs thereof against
adjoining property owners; recites
that by virtue OF an Ordinance o!
said City Of Harrington, passed on
March 81. 1926, there was levied
and assessed against said defendant
Harrington Development Company.
as the then owner Of said property.
and against, and fixing liens upon,
said property. a special assessment
amounting to the aggregate sum Of
S263.88, as shown by said certificates,
said amount being payable in in
stallmentS with interest thereon,
from the date OF the certificates at
the rate OF 80 per annum. and
providing for accelerated maturity
OF all said installments in Ease o!
cefault in the payment OF any in
stsllment OF principal or interest,
and providing for reasonable at
torney's fees: tat default having
been made in said payment. Plain
tiff has declared all or said install
mentS due; placed said certificates
in the hands OF attorneys for COL
lection and foreclosure, and has
agreed to pay said attorneys for
their services such reasonable at
torney'S fees, which is alleged TO be
$4,000.
Plaintiff further alleges that the
Defendants j. r. Roberts. f. W.
Thomas and Cameron County Real
~ Company. and each Of them. have
or claim some right, title, lien or
interest in and 70 said property.
but such claim. lien or interest. as
they have is subject, 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 my hand and the
seal Of said Court, at office In
Brownsville. Texas. this. the 4 day
Of March "A. ID. 1880.
Jno. p. Seaman. Clerk
Dist. Court. Cameron County
M. ]. McTiernan
Deputy,
SEAL
A true COPY I certify
Jno. p. Seaman. Clerk
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