Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-31
Legal

| 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 IL not,
then in any newspaper published
in the 103rd Judicial District. but
II there be no newspaper published
in said judicial District, then in a
newspaper published in the nearest
District to said I03rd judicial Dis
trict, TO appear at the next regular
term Of the District Court OF Cam
eron County. TO be holden az the
Court House thereof in Brownsville.
Texas, on the third Monday in Ap-
ri, A. d. 1880, the same being the
2lSt day OF April, A. d. 1880, then
and there TO answer a petition filed
in said Court on the 18th day Of De-
cember, A. d. 1929 in a suit num-
bered on the docket Of said Court
No. 9077. wherein Realty Trust Com
pany is Plaintiff. and Harrington De-
yelopment Company, J. r. Roberts
and Z. w. Thomas are Defendants.
Plaintiffs cause OF action is as
follows:
A suit for debt upon four special
assessment certificates. issued BY
the City OF Harrington. Texas. to
F. p. McElwrath and his assigns, for
the aggregate principal sum OF
S966.60. dated June 18th, 1927, Civ
en- for a part OF the costs Of improv-
ing that part of Buchanan Street,
in said City OF Harlingen. abutting
Lots !. 2. 3, and 5. in Block l4S.
Townsite Of said City; for interest
thereon. reasonable attorneys fees,
for costs, and foreclosure OF the as
SeSsment liens levied against said
property by the City Of Harrington;
and upon and TO forecloSe four GER
tain voluntary contracts, mortgages
and Mechanics Liens. on said pro-
perty, executed by Harlingen Dew
elopment Company. in favor Of said
+. p. McElwrsth and his assigns,
for the said aggregate sun of
$966.60. dated May 10, 1927. and re-
corded in the Mechanics Lien Re-
cords OF Cameron County. and for
interest and reasonable attorneys
fees accrued thereon, in accordance
with the terms thereof: said con-
tracts and Mechanics Liens hay-
ing been executed as collateral TO
and to further evidence and secure
the Indebtedness represented BY
said Certificates.
Plaintiff alleges in its petition
that by due assignment it now owns
the said certificates. contracts and
liens; alleges that the said City OF
Harrington is a Municipal Corpora
ton organized under the laws Of
the State of Texas. operating under
a Charter adopted by the qualified
voters OF said City: recitcs various
things having been done in accord
ance with and as provided by law.
empowering the said City TO improve
its streets. and 70 assess a part OF
the costs thereof against adjoining
property owners: recites that by
virtue Of an Ordinance Of said City
of Harlingcn. passed on Hay 20
1927. there was levied and assessed
against said Defendant Harllnger
Development Company. as the thor
owner Of said property. and against
and fixing a lien upon said proper
IT,. special assessments amounting
to the aggregate sum OF s956.60. a.
.IlcE..l by said certificates. said
amount being payable in install
ments with interest thereon, frcri
date Of the certificates. at the rate
Of 8 per cent per annum. and pro-
viding for accelerated maturity CT
all said installments. in case OF de-
fault in the payment of any in
stallment Of principal Or interest
and providing for reasonable at
torney's fees; that default having
been made in said payments, Plain
tiff has declared all OF said install
ments due; placed said certificates
contracts and liens. III the hands
or attorneys fer collection and fore
closure. and has agreed to pay saic
attorneys for their services such rea-
sonable attorneys fees, which Is al
legged TO be $4,000.
Plaintiff further alleges thst De-
PENDANTS j. r. Roberts and Z. w
Thomas, and each of them, have o.
claim some right. title. lien or inter
est in and to said property. but
such claim. lien or interest Is sub
ject, subordinate and inferior To
thu liens and claims or Plaintiff
Herein Fail Not. but have befor'
said Court. at Its aforesaid mex.
regular term. this writ with your re,
turn. thereon. showing how yot
have executed the same.
Given Under MY Hand and tn
Seal of said Court, at office II
Brownsville, Texas, this, the 4tf
{ Of March, A. d. 1880.
JNO. p. SCANLAN, Clerk
District Court, Cameron
County,
BY NJ. ,. McTernan, Dep
CSEAL)
"A True Copy ! Certify
JNO. r. SCANLAN.
Clerk, District Court, Cameron co.
Texas.
M. j. McTiernan. Deputy.