Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-26


To the Sheriff or any Constable
Of Cameron COMMUNICATING:
You r hereby commanded TO
summon Hugh d. Reed 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 II not.
then in any newspaper published in
the lO3rd Judicial District. but II
there be no newspaper published IN
said Judicial District. then in a
newspaper published in the nearest
District 10 5aid l03rd judicial Dis
trict. to appear al 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 third Monday IN
April. "A. ID. 1880. the same be-
ing the 2lst day OF April A.
d. 1880 then and there 70
answer a petition filed in said
Court on the Goth day OF November
A d. 1929 in a suit. numbered on
the docket OF said Court No. 1890.
wherein Realty Trust Company is
Plaintiff. and Hugh d. Reed IS
Defendant.
Plaintiffs Cause Of Action is as
follows:
A suit for debt upon a special as
sessment certificate. issued by the
City OF Harrington. Texas, to +. r.
McElWrath and his assigns. for the
principal sum OF s3il.00. dated April
20. 1927. given for part Of the costs
Of improving that part Of West
washington Street, in said City Of
Harrington, abutting Lot 5. OF the
Pottinger Subdivision Of part OF
Block %, Harrington Land and Wa
ter Company Plat. Of said city;
for interest thereon, reasonable at
torney's fees, for costs. and fore
closure OF the assessment lien levied
against said property by the City
or Harrington: and upon and 70
foreclose a certain voluntary con-
tract, mortgage and Mechanics
Lien. on said property. executed by
Hugh ID. Reed, In favor OF said f..
p. McElwrath and his assigns. for
the said sum Of s31i.00. dated Feb
ruary %, 1927. and recorded in the
Mechanics Lien Records OF Cam
eron County. and for interest and
reasonable attorneys fees accrued
thereon. in accordance with the
terms thereof: said contract and
Mechanics Lien having been ex-
ecuted as collateral TO and 10 fur
ther evidence and secure the in
debtedness represented by said
certificate.
Plaintiff alleges in its petition
that by due assignment it now owns
the said certificates. contract and
liens: alleges that the said City o.
Harlingen is a Municipal Corpora
ton organized under the laws Of
the State of Texas. operating I'M
Ger a charter adopted by the quail
flied voters Of said City; recites var
ious things having been done in
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
OF said City Of Harlingen. passed
on January sth. 1927. there was
levied and assessed against said
Defendant Hugh d. Reed as the
owner Of said property as a personal
liability, and against and fixing a
lien upon said property. a special
assessment amounting TO s3ii.00.
as shown by said certificate. said
amount being payable In INSTALL
ments with interest thereon. from
Gate or the certificates. at the rate
OF 8 per cen. per annum, and pro-
vlding for accelerated maturity OF
all said installments. In case OF
default in the payment or any in
stallment or principal or interest,
and providing for reasonable at
tornsy's fees: that default having
been made in said payment; Plain
tiff has declared all OF said INSTALL