Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-18
LEGAL ADVERTISEMENT

Company, S. Finley Ewing and Z.
w. Thomas are Defendants.
Plaintiffs cause Of action Is as
follows:
A suit for debt upon three special
assessment certificates, issued BY
the City OF Harrington. Texas. to
F. p. McElwrath and his assigns.
for the aggregate principal sum OF
S72495, dated June is, 1927, given
for part OF the costs OF improving
hat part CT Buchanan Street, in
said City of Harrington, AUDITING
Lots z, 5 and .. OF Block LAP. OF the
ToWnSite Of said city: for interest
thereon, reasonable attorneys fees.
Tor costs, and foreclosure of the
assessment liens levied against said
property by the City OF Harrington:
and upon and TO ~foreclose three GER
tam voluntary contracts, MORTGAGES
and Mechanics liens, on said prop
erty. executed by Harrington Devel-
opment Company, in favor Of said
+. P. McElwrath and his assigns,
for the said aggregate sum Of S724.-
80, dated May Is. 1927. and record
ed in the Mechanics Lien records
Of Cameron County. and for in
terest and reasonable attorneys
fees accrued thereon, in accordance
with the terms thereof; said con-
tracts and Mechanics Liens hav-
ing been executed as collateral to
and to further evidence and secure
the Indebtedness represented BY
said Certificates.
Plaintiff alleges in its petition
that BY due assignment 1t now
owns the said certificates, contracts
and liens; alleges that the said
City Of Harrington is a Municipal
Corporation organized under the
laws Of the State Of Texas, operat-
ing 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 i'm
prove its streets, and to assess a
part OF the costs thereof against
adjoining property owners; recites
that by virtue OF an ordinance OF
said City OF Harrington, passed on
May 20, 1927, there was levied and
assessed against said Defendant
Harlingen Development Company,
as the then owner Of said property,
and against and fixing a lien upon
said property, a special assessment
amounting to the aggregate sum OF
sT24so, as shown by said Certifi-
Gates, said amount being payable
in installments with interest there
on, from date OF the certificates.
at the rate OF 81 per annum. and
providing for accelerated maturity
Of all said installments, in case Of
default in the payment OF any in
stallment OF principal or interest:
and providing for reasonable at
torney's fees: that default having
been made in said payments. Plain
tiff has declared all Of said INSTALL
ments due: placed said Certificates.
Contracts and Liens in the hands
OF attorneys for collection and
foreclosure. and has agreed to pay
said attorneys for their services
such reasonable attorneys fees,
which is alleged 10 be $4,000.
Plaintiff further alleges that
Defendants S. Finley Ewing and K.
w. Thomas. and each Of them. have
or claim some right. title. lien or
interest IN and to said property.
but such claim, lien Or interest, 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