Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-11
G ADVERTISEMENT
The A OF y

Iou are hereby commanded to
summon f. 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 in
your County, If there be a news
paper published therein, but If not,
then in any newspaper published IN
the l03rd Judicial District, but II
there be no newspaper published
in said Judicial District. then in
a newspaper published in the near
est District 10 said l03rd judicial
District, TO appear at the next reg
uiar term Of the District Court Of
Cameron County, to be holden at
the Court House thereof in Browns
vile, Texas. on the third Monday
IN April A. ID. 1880. the same be-
ing the 2lSt day OF April, A. ID.
1880, then and there to answer a
petition filed in said Court on the
18th DAY OF January, A. ID. 1880 in
a suit, numbered on the docket OF
said Court No. 9177, wherein Realty
Trust Company, is Plaintiff. and
Harlingen Development Company,
j. r. Roberts and r. w. Thomas
are Defendants. Plaintiffs Cause
OF Action is as follows.
A suit for debt upon two Special
Assessment Certificates Nos. ) and
8. Unit IL. and Coupons thereon,
issued by the City Of Harrington,
on the 2lst day Of March, 1927,
10 T. p. McElwrath and his assigns,
for a part of the costs Of improv-
ing that part Of Fillmore Street. in
the City OF Harlingcn. abutting
Lots z and 8. Block 1l6. original
townsite to said City OF Harlingen.
and for interest. reasonable attor-
ney'S fees. and costs, and for FORE
closure OF the lien created and fig
cd against said property by the
City OF Harrington for such improve
mentS, and upon and to foreclose
tao certain contracts, Mechanics
Liens and Material Mans Liens. on
! SAID property, arising and existing
Under and by virtue Of certain con-
tracts. entered into between F.. p.
McElwrath and the Defendant Har-
lingen Development Company. dated
the 5th day OF February. 1926. re-
corded in Vol. T., pp. 458 TO 49,, OF
the Mechanics Lien Records OF
Cameron County. Texas. wherein
said Defendant Harrington Develop
ment Company promised and agleed
TO pay said +. p. McElwrath. or
his assigns. the said amount sued
for herein for making said i'm
provementS, and TO secure the pay
ment thereof. created and fixed n
lien upon said property.
That afterwards the said F. p.
McElwrath duly transferred, as
signed and sold to the Realty Trust
Company. Plaintiff herein, for a
valuable consideration. said indebt-
ednesS. 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 TO enforce
and collect the same In its own
name.
In its petition Plaintiff alleges
That tho City Of Harrington. is p
Municipal Corporation. situated In
Cameron County. Texas. organized
under the Laws Of the State of
Texas. and operating under a char
ter adopted By the qualified voters
Of said City. under the provisions
OF the laws OF tho State OF Texas,
with reference thereto. recites var
ious things done in accordance with,
and as provided by law. empower
ing the said City 10 improve It's
streets, etc. and assess a part OF
the costs thereof against adjoining
owners for the pro rata Of the
costs OF such improvements. where
upon Defendant Harrington Develop
ment 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 Of said city. duly passed
on the 3lSt GAY or March. 1926,
there was levied and assessed spe-
cial assessments. amounting to the
aggregate sum OF s263.83. against
said property. and against said
Defendant Harrington Development
Company. as the owner thereof.
That said Certificates further rec.te
that said assessments are payable
in four equal inStallments. due.
respectively on 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
n rate OF 80 per annum, payable
annually: and also recite that il
default shall be made in the pay
ment OF any installments OF princi-
On or interest. when due. then at
IL option Of said F. p. McElwrath.
or other legal holder OF said Ger
~tificateS and Assessments, the same
shall mature and become payable
for the full amount OF principal
and interest thereon. and shall be
coilectible with accrued interest
and reasonable attorneys fees and
costs Of collection: that default hav-
ing been made in the payment OF
one or 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 placed said Certificates in the
hands OF its attorneys for collection.
and for foreclosure OF its said Lens
on said premises, and has agreed
10 pay such attorneys for their
services said reasonable attorneys
fee. which Plaintiff alleges to be
the sum OF $4,000: whereby the
whole amount Of said Certificates.
and all interest and attorneys
fees accrued thereon. have become
due and payable.
Plaintiff further alleges that De-
PENDANTS j. r. Roberts and <. w.