Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-12

~ 4I1E Of1EfS1TE Oh AN OON-
STABLE OF CAMERON COUNTY;
GREETING:
You are Hereby Commanded to
summon Gano Lightfoot 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 newspa-
per published therein. but If not,
then in any newspaper published
in the l03rd Judicial District, but II
here be no newspaper published
a. said Judicial District. then in
a newspaper published in the
est District TO said i03rd judicial
District. TO appear at the next reg
ular term OF the District Court OF
Cameron County. to be holden at
the Court House thereof in Browns
vile. Texas, on the third Monday
in April, A. d. 1880. the same being
the 2ist day Of April. A. d. 1880
then and there TO answer a petition
filed in said Court on the 23rd day
Of November, A. d. 1929, in a suit.
numbered OH tho docket Of said
Court No. S947, wherein Realty
Trust Company is Plaintiff, and
Irene Spengel, r. d. Lightfoot, F.
L. Downing and Winnie Mae Down
ing. are Defendants.
Plaintiffs Cause Of Action is rs
follows:
A suit for debt upon a special a.
SesSment certificate. issued by the
City OF Harrington. Texas. TO +. p.
McElwrath and his assigns. for the
principal sum Of Sl31.92. dated Oc-
tober z. 1926 given for part OF the
costs OF improving that part OF
East Taylor Street. in said City Of
Harlingen, abutting Lot Q. Block
100, Original TownSite OF said City:
for interest thereon. reasonable at
torney'S fees, for costs. and ~forecloS-
ure Of the assessment lien levied
against said property by the City
Of Harrington; and upon and to fore
close a certain voluntary contract,
mortgage and Mechanics Lien. Oh
said property. executed by r. D..
Lightfoot, in favor of said +. P. Nc
Elwrath and his assigns. for the said
sum OF Sl3l92. dated February is,
1926, and recorded IN the Mechanics
Lien Records of Cameron County,
and for interest and reasonable at
.orney's fees accrued thereon. in &C.
cordance with the terms thereof;
said contract and Mechanics Lien
having been executed as collateral
to and to further evidence and Sc
cure the indebtedness represented
by said Certificate.
Plaintiff alleges III its petition
that by due assignment 1t now owns
said certificate, contract and
\; alleges that the said City OF
Harrington is q Municipal Corpora
ton organized under the laws Of
the State of Texas. operating I'M
der a Charter adopted by the quail
flied voters Of said City; recites
various things having been done II
accordance with and as provided By
law, empowering said City to inn
prove its streets. and to assess a
part of the costs thereof against
adjoining property owners; re-
cites that by virtue Of an Or
dinance Of said City OF Har-
lingen, passed on March 81,
1925. there was levied and assessed
against said Defendant r.. ID. Light
foot, as the then owner of said pro-
perty, as a personal liability. and
against and fixing a lien upon said
property. a special assessment
amounting to sl3l.92. as shown By
said Certificate. said amount being
payable in instaliments with inter-
est thereon, from date Of certifl-
cate, at the rate OF 8 per cent per
annum, and providing for acceler-
ated maturity of ali said Install
ments. in case Of default in the pay
ment OF any inStallment Of princi-
pal or interest: and providing for
Reasonable attorneys fees; that de-
fault having been made IN SAID pay
m,nts. Plaintiff has declared all
OF said installments due; placed
said certificate, contract ana liens,
in the hands Of attorneys for COL
lection and foreclosure. and mas
agreed to pay said attorneys for
their services such reasonable at
torney's fees, which is alleged 10
be $4,000
Plaintiff further alleges that
Irene 6pengel. r. (. Downing. and
w tnntc M a Q Downing, and
each Of them. have or claim some
right, title. lien or interest In ana
to said property, but such claim,
lien or interest, as they have Is
subject. subordinate and inferior 70
the liens and claims Of Plaintiff.
Herein Fail Not. but have before
said Court. al its aforesaid next
regular term. this writ with your
return thereon. showing how you
have executed the same.
Given Under Ny Hand and the
Seal OF said Court at office in
Brownsville. Texas. this, the 4th day
Of March. A D. 1880.
JNO. p. SEAMAN. Clerk
District Court, Cameron
County.
NHwAT1