Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-07
EGA ADVERTISEMENT
THE STATE OF y

~ lie SHERIFF. OR ANY CON-
STABLE Of Cameron County Greet
ing:
You are hereby commanded to
summon Z. w. Thomas BY making
publication Of this Citation once
IN each week for four successive
weeks previous to the return day
nereoi, IN some newspaper publish
ed In your County. If there be a
newspaper published therein, but If
noE. then in any newspaper pub
ls1ed in the l03rd Judicial District.
but II there be no newspaper pub
lished IN said judicial District. then
IN a newspaper published in the
nearest District to said I03rd Ju-
dicial District, TO appear at the next
regulsY term Of the District Court
OF Cameron County. to be holden
at the Court House thereof in
y Brownsville. Texas, on the third
sMonday in April. A. d. 1880 the
4isame being the 2lst day Of April,
Va. d. 1890. then and there to an
iswer a petition filed in said Court
on the 18th day Of January, A. D.
1880 in a suit, numbered on the
docket OF said Court No. 9176. where
Pm Realty Trust Company is Plain
ftiff, and Harrington DEVELOPMENT.
accompany. j. r.. Roberts and z. w.
fThomaS. are Defendants,
Plaintiffs cause of action is as
Follows:
A suit for debt upon four Special
assessment Certificates Nos. %. 80
81 and 30, Unit II, and Coupons
thereon, issued by the City of Har-
lingen, on the 2lst day Of March.
1927. to II. p. McElwrath and his
assigns. for a part OF the costs OF
improving that part Of Fillmore
Street, in the City OF Harrington,
AUDITING Lots /. 2, 3. and 4. in
Block l26. Original ToWnsite to said
City OF Harrington, Texas, and for
interest, reasonable attorneys fees.
: and costs, and for foreclosure of
the liens created and fixed against
I said property by the City OF Har-
llngen for such Improvements. and
n upon and to foreclose four certain
contracts, Mechanics and Material
Mans Liens. OF said property aris-
ing and existing under and by vir-
tue OF certain contracts. entered
1nto between +. p. McElWrath and
The Defendant Harrington Develop
Imert Company. dated the 5th day
of February, 1926. recorded In Vols.
and 9, pages i25-130 and 452-454.
respectively, of the Mechanics Lien
Records Of Cameron County. Texas.
wherein said DEPENDENT Harrington
Development Company promised
fnd agreed TO pay said T. p. Neil
Frath, or his assigns. the said am
liant sued for herein for making
&id improvements. and to secure
me payment thereof. created and
kdixed a lien upon said property.
That afterwards the said F. p.
McElwrath duly transferred. assign
y cd and sold to the Realty Trust
Company. Plaintiff herein. for a
valuable consideration. said indebt-
. fdne9s. together with the Certifi-
\ kateSYa Contracts %evidencing the
kame, and all right, title. liens and
remedies thereof, and the Realty
Trust Company is the present legal
nnd equitable owner and holder Of
Baid Certificates, Assessments and
CONTRACTS. and entitled to enforce
and collect 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 the provisions OF
The Laws OF the State OF Texas.
with reference thereto: recites var
ious things done in accordance with
and as provided oy law. empower
ing the said City to improve its
1 streets, etc. and assess a part OF
the costs thereof against adjoining
lwners for the pro rata Of the costs
Of such improvements. w~hereupon
Defendent Harlingen Development
company became liable for said
amount sued upon herein, as the
tDwner of said property.
Said certificates recite and GER
1ify substantially that by virtue of
IN Ordinance Of the City. duly
] passed on the 3lst day OF March.
1925. there was levied and assessed
Special assessments. amounting to
line aggregate sum Of S52776.
against said property and against
SAID Defendant Harrington Develop
! rnent Company, as the Wner there
~. That said Certificates further
lfecite that said assessments are paw
able in four equal installmcnts. due
respectively on or before thirty DAYS.
one, two and three ears after the
Gate Of said City's acceptance Of
said work, with interest thereon
from date Of said Certificates, at
<the rate Of 8 per cent per annum,
payable annually. and also recite
that If default shall be made in the
payment of any installmentS Of
principal or interest. when due. then
at the option OF said +. p. Neil
wrath. or other legal holder Of said
Certificates and Assessments. the
5same shall mature and become pay
B able for the full amount Of prin-
Y aipal and interest thereon. and shall
Vie collectable with accrued interest
|$Ind reasonable attorney ices and
t{tosts Of collection; that default
Having been made in the payment
or one or more OF said il5tallMents.
and the interest thereon. Plaintiff.
as the legal owner and holder OF
8said Certificate and Coupons at
Matched thereto. has declared all o.
said Certificates fully matured. and
HAS placed said Certificates In the
hands Of its attorneys for collection.