Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-28
THE STATE OF TEXAS

OF Cameron County-Greetlng.
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
hereof. in some newspaper publish
cd IN your County, If there be a
newspaper published therein. bus
II not, then in any newspaper pub
lished in the 1O3rd judicial District,
but If there be nc newspaper pub
lished in said judicial District.
then in a newspaper published in
the nearest District to said l03Td
Judicial District. to appear al the
next regular term Of the DlStric.
Court Of Cameron County. TO be
holden at the Court House thereof
in Brownsville. Texas, on tine 3rd
Monday in April, A. ID. 1880 the
same being the 2lst day OF April,
A. ID. 1880. then and there to an
Swer a petition filed in said Court
on the 18th day OF January. A. u.
1850 IN a suit. numbered on tho
docket Of said Court No. 9l75.
wherein Realty Trust Company Is
Plaintiff, and Harlingen Develop
ment Company, J. r. Roberts, K.
W. Thomas and Cameron County
Realty Company are Defendants.
Plaintiffs Cause o. Action IS as
follows:
A suit for debt upon two Special
Assessment Certificates issued BY
the City OF Harrington. Texas, ID
=. p. McElwrath and his assigns.
for the aggregate principal sum 81
S263.68 dated March u. 1927. gwen
Tor part OF the costs Of improving
that part Of Fillmore Street, IN sale
City Of Harrington, AUDITING Lots
| and >. Block l27. original town
site TO said city: for interest there
on. reasonable attorneys fees. Tor
costs. and foreclosure OF the assess
msnt liens levied against said prop
erty By the City OF Harrington; and
upon and TO toreclose two certain
voluntary contracts. mortgages and
Mechanics Liens on said property.
executed by Harrington Development
Company IN favor OF said +. p.
McElwrath and his assigns. for the
said aggregate sum OF S265.83. dated
February ). 1926, and recorded III
the Mechanics Liens Records OF
Cameron County. and for interes.
and reasonable attorneys fees ac-
crued thereon. in accordance with
the terms thereof: said contracts
and Mechanics Liens having been
executed as collateral 20 and to
further evidence and secure. TIC
indebtedness represented by Sai-
certificates.
Plaintiff alleges in its petition
that oy due assignment il now OWNS
the said certificates, contracts and
liens; alleges that the said City
o. Harrington Is a Municipal Cor
poration, organized under the Laws
Of the State Of Texas. operating
under a charter adopted by the
qualified voters OF said City: recites
various things having been done III
accordance 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 o.
said City Of Harrington, passed on
March 81. 1926, there was levied
and assessed against said defendant
Harlingen Development Company.
as the then owner OF said property.
and against. and fixing liens upon
said property. a special assessment
amounting TO the aggregate sum OF
s263.88, as shown by said certificates
said amount being payable in in
stallments with interest thereon,
from the date OF the certificates az
the rate OF 6es per annum. and
providing for accelerated maturity
OF all said installments in ease OF
default in the payment OF any in
stallment Of principal or interest.
and providing for reasonable at
torney's fees; tat default having
been made in said payment. Plain
tiff has declared all Of said install
ments due: placed said certificates
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 the
Defendants j. r. Roberts. Z. w.
Thomas and Cameron County Real
ty Company. and each OF them, have
or claim some right. title. lien or
interest in and to said property,
but such claim, hen or interest, as
they have is subject. subordinate
and inferior 10 the hens 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 my hand and the
seal Of said Court. at office in
Brownsville. Texas. this. the 4 day
OF March A. y. 1890.
Jno. r. Seaman. Clerk
Dist. Court. Cameron County
NJ. ]. McTiernan
Deputy.
SEAL
A true copy ] certify
Jno. r. Seaman. Clerk.
Dist Court. Cameron County
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