Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-04-02
LEGAL ADVERTISEMENT

filed in said Court on the 23rd day
OF November. A. d. 1929. in a suit.
numbered on the docket OF said
Court No. 1857. wherein Realty
Trust Company is Plaintiff. and
Irene Spengel, r. D. Lightfoot, F..
4. Downing and Winnie Mae Down
ing. are Defendants
Plaintiffs Cause OF Action Is as
follows.
A suit for debt upon a special as
sessment certificate. issued by the
occasional normal diners such as
CITY Of Harlingen. Texas. TO +. r.
McElwrath and his assigns. for the
principal sum of sl3l92. dated Oc-
tober Z. 1926. given for part Of the
costs Of improving that part of
East Taylor Street. in said City of
Harrington, abutting Lot 3. 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 Harlingen: and upon and to fore
close a certain voluntary contract,
mortgage and Mechanics Lien, on
said property. executed by r. ID.
Lightfoot. in favor Of said r. p. Nc
Elwrath and his assigns. for the said
sum of Si3l92. dated February is.
1926. and recorded in the Mechanics
Lien Records Of Cameron County.
and for interest and reasonable at
torney's fees accrued thereon. in ac-
cordanc, with the terms thereof:
said contract and Mechanics Lien
having been executed as collateral
TO End to further evidence and Sc
cure the indebtedness represented
by said Certificate.
Plaintiff alleges In its petition
that ny due assignment IL now owns
the said certificate. contract and
liens; alleges that the said City Of
is a Municipal Corpora
ton organized under the laws OF
the State OF Texas, operating I'M
der q 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 10 i'm
prove its streets, and 70 assess a
part OF the costs thereof against
property owners, re-
that by virtue Of an Or
dpance OF said City Of Har-
lihgen. passed on March 81.
1925. there was levied and assessed
against said Defendant r. y. Light
foot. as the then owner OF said pro-
perry. as a personal liability. and
against and fixing q lien upon said
property. a special assessment
amounting to sl3l 90. as shown by
said Certificate. said amount being
payable IN installments with inter-
est thereon. from date OF c%ertifi-
cate. at the rate Of 8 per cent per
annum. and providing for acceler-
ated maturity of all said INSTALL
ments, in case Of default in the pay
m-nt 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 and liens.
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
Irene Spengel, r. f. Downing, and
w / n n 1 e M a e Downing. and
each of them, have or claim some
right, title, lien or interest In and
to 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 It's aforesaid next
regular term, this writ with your
return thereon. showing how you
have executed the anne.
Given Under NY Hand and the
Seal OF said Court at office in
Brownsville. Texas. this, the 4th day
OF March. "A ID. 1880.
JNO. p. SCANLAN. Clerk
District Court, Cameron
County.
CSEAL)
e "a nc = A. -cnr