Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-24
THE STATE OF n
10 the Sheriff d anv Consta.

xOu dIC AlcIcpy COMMANDED 10
summon E. 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 published III
your County, If there be a news
paper published therein, but II not
then in any newspaper published in
the 103rd Judicial District. but If
there be no newspaper published in
said Judicial District. then in a
newspaper published In the nearest
District to said 103rd Judicial Dis
trict, to appear at the next regular
term Of the District Court Of Cam
eron County, to be holden at the
Court House thereof in Brownsville
Texas. on the 3rd Monday in April
a. ID. 1880 the same being the 2ist
day OF April "A. ID. 1890. then and
there TO answer a petition filed IN
said Court on the 18th day Of Dec
ember A. d. 1929 in a suit. number
ed on the docket OF said Court No.
9078 wherein Realty Trust Company
Is Plaintiff, and Harrington Develop
ment Company, s. Finley Ewing and
Z. w. Thomas, are Defendants
Plaintiffs Cause OF Action is "a
follows:
A suit for debt upon five Special
Assessment Certificates Nos. lg, Fl
%, 70 and "a. Unit IS. and Coupons
thereon issued by the City OF Har-
lingen. on the 18th day OF June
1927, to r. p. McElwrath and his
assigns. for a part OF the costs of
improving that part OF Buchanan
Street, in the City Of Harlingen
Texas abutting Lots I. 3. a. 5. and
6. OF Block i49 Townsite OF said City
of Harrington. and for interest. rea-
Sonable attorneys fees. and costs
and for foreclosure Of the liens Great
ed and fixed against said property By
The City Of Harlingen for such i'm
provements, and upon and to fore
close five certain Contracts. Me-
chanic'S and Material Mans Liens
on said property, arising and exist
ing under and by virtue Of certain
Contracts. entered into between r.
p. McElvrath and the Defendant
Harrington Development Company
dated May 18th. 1927. recorded in
Vol. IL. pr. 37l-374. Vol. Is, ID 203-
2of and Vol. Il pp. 1894. respec-
lively. Of the Mechanics Lien Re-
cords OF Cameron County. Texas
wherein said Defendant Harrington
Development Company promised
and agreed to nay said r. p. Nc
ElTrath. or his assigns the said
amount sued for herein. for making
said Improvements, and 10 secure
the payment thereof. created and
fixed liens upon said property.
That afterwards the said II. p
McElwrath duly transferred assig-
ned and sold to the Realty Trust
Company. Plaintiff herein. for a
valuable consideration. said indebt-
ednesses. together with the Certifi-
Gates and Contracts evidencing the
same. and all RIGHT. title liens and
remedies thereof. and the Realty
Trust COMPANY Is the present legal
and equitable owner and holder OF
said Certificates. Assessments. and
Contracts. and entitled 10 enforce
and collect the same in its own
name.
In its petition Plaintiff alleges
that the City or Harrington. i a
Municipal Corporation. situated IN
Cameron County. Texas. organized
as. and operating under a charter
adopted by the qualified voters of
said City. under provisions Of the
laws Of the State Of TeXss. with
reference thereto: recites various
things done in accordance with, and
as provided by Law. empowering the
said City TO improve its streets. ETC.
and assess a part of the costs there
OF against adjoining owners for the
pro rata OF the costs Of such i'm
provementS. whereupon Defendant
Harlingen Development Company
became liable for said amount sued
upon herein, as the owner Of Said
property.
Said Certificates recite and certify
substantially that by virtue OF an
Ordinance or the City, duly passed
on the Goth day OF May. 1927. there
was levied and assessed special as
Sessments, amounting TO the az
grcgate sum Of s1,20s.25. against
said property and against said De-
PENDANT Harrington Development
Company. rs the owner thereof.
That said Certificates further recite
that said assessments are payable
in four equal installments. due. re-
Spectively in Or before thirty days
one, two and three years after the
date Of said City's acceptance Of
said work, with interest thereon
from date Of said Certificates, at
rate Of go per annum, payable an
nually: and also recite that II de-
fault shall be made in the payment
Of any installments OF principal OF
interest. when due, then at the
option OF said r. r. McEIwrath. or
other legal holder OF said Certifi-
Gates and Assessments, the same
shall mature and become payable
for the full amount Of principal and
interest thereon. and shall be col
lectible with accrued interest and
reasonable attorneys fees and
costs Of collection: that default
having been made In the payment
Of one Of more Of said installments.
and the interest thereon. Plaintiff.
as the legal owner and holder of
said Certificates and COUPONS at
tached thereto. has declared all
OF said Certificates fully matured.
and has places said Certificates in
the hands Of its attorneys for col
lection. and for foreclosure OF ITS
said liens on said premises. and
has agreed 10 pay such attorneys
for their services said reasonable
attorneys fee. which Plaintiff al
leges to be the sum OF $4,000:
whereby the whole amount of
said Certificates. and all interest,"