Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-08
THE STATE OF TEXAS

IaAE oAAAE UT AE<NAA0
TO THE SHERIFF OR ANY CON-
STABLE OF Cameron County
Greeting:
You are hereby commanded ID
summon K. w. Thomas by making
publication OF this Citation once
in each week for four successive
weeks previous 10 the return day
hereof. in some newspaper publish
ed in your County. If there be a
newspaper published therein. but
II not. then in any newspaper pub
lished IN the l03rd Judicial District,
but if there be no newspaper pub
lished IN said Judicial District, then
III a newspaper published in the
nearest District TO said l03rd judi
cial District. TO appear at the next
regular term OF the District Court
Of Cameron County. to be holden
at the Court House thereof IN
Brownsville, Texas, on the third
Monday in April. "A. ID. 1880 the
same being the 2lst day of April,
A. ID. 1890. then and there 10 an
swer a petition filed in said Court
on the 18th day Of January. A. ID
1880 In 2 suit. numbered on the
docket OF said Court No. 9l72
wherein Realty Trust Company Is
Plaintiff, and Harlingen Develop
ment Company. j. r. Roberts. f.
w. Thomas and <. S. Gibson, are
Defendants.
Plaintiffs cause of action is as
follows:
A suit for debt upon a special as
sessment certificate. issued By tho
City OF Harrington. Texas. to r. r..
McElwrath and his assigns for thu
principal sum Of Sl3ls4 dated
March q, 1927. given for part Of
the costs or improving that part ot
Fillmore Street, IN said City Of Har-
lingen, abutting Lot 6, IN Block l27,
Of the Townsitc Of said City. tor
interest thereon. reasonable attcr-
hey's fees. for costs. and foTeclos-
ure of the assessment lien levied
against said property By the City
OF Harrington: and upon and TO
foreciose a certain voluntary con-
tract, mortgage and Mechanics
Lien. OH said property, executed bv
Harrington Development Company,
in favor OF said +. p. McElwrath
and his assigns. for the said sum
OF Sl3l.9i. dated February 3. 1926.
and recorded in the Mechanics Lien
Records OF Cameron County, and
for interest and reasonable attor-
ney's fees accrued thereon. In ac-
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 in its petition
that bv due assignment it now owns
the said certificates. contract and
liens: alleges that the said City or
Harlingen is a Municipal Corpora
ton organized under tho 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 accord
ancc with and as provided by law,
empowering said City to improve
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 March 81.
1925. there was levied and assessed
against said Defendant Harrington
Development Company. as the then
owner Of said property, and against
and fixing a lien upon said proper
ty. a special assessment amounting
TO Sl3l. 81. as shown by said certi-
ficate. said amount being payable
in installmentS with interest there
on, from date Of the certificate a.
the rate OF 8 per cent per annum,
and providing for accelerated ma
turity Of all said installments, n
case OF default in the payment o.
any installment OF principal or IN
terest, and providing for reasonable
attorneys fees. that default having
been made in said payments; Plain
tiff has declared all Of said install
ments due: placed said certificate
contract and liens in the hands OF
attorneys for collection and fore
closure. and has agreed to pay said
attorneys for their services such
reasonable attorneys fees, which Is
alleged TO be $4,000.
Plaintiff further alleges that tic