Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-07
ADVERTISEMENT
THE STATE OF X

O0AN
STABLE Of Cameron County Greet
ing:
You are hereby commanded 10
summon E. w. Thomas by making
publication OF this Citation once
III each week for four successive
weeks previous to the return day
mercer, IN some newspaper publish
cd IN your County, If there be a
newspaper published therein, but If
not, then IN any newspaper pub
nshed IN the l03rd Judicial District
but If there be no newspape uub-
Asned ii said judicial District. then
IN a newspaper published in the
nearest District TO said l03rd Ju-
oiHal District, TO appear at the next
regular term OF the District Court
OF Cameron County, to be holden
az the Court House thereof in
brownsville, Texas. on the third
Monday in April. A. D. 1890 the
same being the 2lst day OF April.
A. D. 1880, then and there to an
swer a petition filed in said Court
4 on n 18th day Of January. A. ID.
1880 IN a suit, numbered on the
docket OF said Court No. 9i76, where
IN Realty Trust Company Is Plain
TIL. and Harrington Development
Company, j.. r.. Roberts and K. w.
Thomas, are Defendants,
Plaintiffs cause Of action is as
follows:
= A suit for debt upon four Special
assessment Certificates Nos. %, 80
81 and 80, Unit IL, and Coupons
thereon, issued by the City Of Har-
llngen, on the 2lst day Of March,
1877, TO +. p. McElwrath and his
assigns, for a part Of the costs of
improving that part Of Fillmore
street, in the City of Harlingen,
AUDITING Lots l, 2, 3. and 4, in
BLOCK l26. Original TOwusite to said
City OF Harrington, Texas. and for
interest, reasonable attorneys fees.
n costs, and for foreclosure OF
The liens created and fixed against
said property by the City Of Har-
lingen for such Improvements. and
upon and TO f0reclcse four certain
contracts. Mechanics and Material
Mans Liens. on said property aris-
ing and existing under and by vir-
tue Of certain contracts. entered
into between +. p. McElWrath and
the Defendant Harlingen Develop
ment Company. dated the 5th day
OF February. 1925. recorded III Vols
2 and 9. pages 128-i30 and 452-454.
respectively, Of the Mechanics Lien
Records Of Cameron County. Texas.
wherein said DEPENDENT Harrington
Development Company promised
and agreed to pay said F.. p. NOEL
wrath, or his assigns. the said nm
cunt sued for herein for making
said Improvements, and 10 secure
the payment thereof. created and
fixed a lien upon said property.
That afterwards the said l.. p.
McElwrath duly transferred. assign
cd and sold TO the Realty Trust
Company, Plaintiff herein, for a
v&fUable 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 same in its own name.
In its petition Plaintiff alleges
that the City of Harlingen. IS a
Municipal Corporation. situated in
Cameron County. Texas. organized
under the Laws of the state of Tex
as, and operating under a Charter
adopted by the qualified voters OF
said City, under the provisions of
the Laws Of the State Of Texas.
with reference thereto; recites var
ious things done in accordance with
and as provided by law. empower
ing the said City to improve its
streets, etc, and assess a part OF
the costs thereof against adjoining
owners for the pro rata Of the costs
Of such improvements. whereupon
DEPENDENT Harlingen Development
Company became liable for said
amount sued upon herein, as the
owner OF said property.
Said certificates recite and GER
tify substantially that by virtue of
an Ordinance OF the City, duly
passed on the 3lSt day of March.
1926. there was levied and assessed
special assessments. amounting to
the aggregate sum OF S527.76.
against said property ard against
said Defendant Harrington Develop
fnent Company. as the owner there
Of. That said Certificates further
recite that said assessments are pay
able IN four equal mstallmentS, due
respectively on or before thirty DAYS.
one, two and three -earS after the
date Of said City's acceptance Of
said work, with interest thereon
from date Of said Certificates. at
the rate or s per cent per annum,
payable annually: and also reclte
that If default shall be made IN the
payment Of any installments or
principa. or interest, when due. then
at the option az said II. p. Neil
wrath. or other legal holder OF said
Certificates and Assessments. the
same shall mature and become pay
able for the full amount OF prin-
cipal and interest thereon. and shall
be collectable with accrued interest
ana reasonable attorneys fees and
costs Of collection; that default
having 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 81
said Certificates fully matured, and
has placed said Certificates In the
hands CT its attorneys for collection.
and for foreclosure Of is said LENS