Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-06-09
THE A OF \

You are hereby commanded 10
summon Louise Wentz Wyatt and
her husband ........ Wyatt whose
Christian or given name Is IN
known, by making publication OF
this Citation one in each week for
TOUR successive weeks previous 10
the return day hereof, in some
newspaper published IN your coun-
", II there be a newspaper pub
lished therein. but II not, then In
any newspaper published in the
one Hundred Third Judicial Dis
trict, but If there be no newspaper
published In said judicial District.
then in a newspaper published in
the nearest District to said One
Hundred Third Judicial District,
% appear at the next regular term
OF the District court of Cameron
County, TO be holden at the i
mouse thereof in Brownsville. Tex
as, on the third Monday In july
A. ID. 1880 the same being the 2ist
Gay OF July A. D. 1880, then and
there TO answer Plaintiffs first
amended original petition filed in
said court on the oath day OF
March A. D. 1880 in a suit. num-
hered on the docket Of said court
No. 9l09, wherein Realty Trust
Company, is plaintiff, and "A. T..
Brooks and wife Mrs. Anne Brooks.
The National Loan and Investment
Company, Louise Wentz Wyatt and
her husband ........ Wyatt, are
defendants.
Plaintiffs cause OF action is as
follows:
4 suit for debt upon two special
assessment certificates, issued by
the City OF Harrington, Texas, 70
7. P. McElwrath and his assigns.
for the principal sum or sl95.a3
each. aggregating S3eI.96. each
dated April 9th. 1927, given for part
81 the costs OF improving that part
q Johnston Street. in said city Of
Harrington, abutting lots II and is,
ii block ?, Brooks Lawn Addition
to said city: for interest thereon.
reasonable attorneys fees, for costs.
and foreclosure OF the liens levied
and assessed against said property
BY the city Of Hsrlingen; and upon
and to foreclose a certain volun-
tary contract, mortgage and Me-
chanic'5 Lien, on said property.
executed by A. l.. Brooks and Anne
Crooks, in favor OF said 4. =. Nc
E.wrath and his assigns, for the
said sum Of 1891 90, dated October
Z, 1926. and recorded in the Me-
chanic's lier records Of Cameron
county. and for interest and e a
sorable attorneys fees accrued
thereon. in accordance with the
terms thereof; said contract and
Mechanics lien having been ex-
ecUted as collateral to and to
further evidence and secure the in
debtedness represented BY said GER
~t'ficates.
Plaintiff alleges in its petition
that IL is now the legal owner OF
said certificates. contract and liens:
alleges that the said city % Har-
iirgen IS a Municipal corporation,
organized under the laws OF the
State Of Texas. operating under a
charter adopted by the qualified
voters OF said city, recites various
things having been done in acco--
dance with and IS provided by law,
empowering said city 10 improve
its streets, and TO assess a part or
the costs thereof against adjoining
property owners: recites that by
virtue Of an ordinance OF said city
of Harrington, passed on November
:, 1926, there was levied and as
seSsed against said defendant A.
L. Brooks. as the then owner OF
said property, as a personal liability,
and against and fixing a lien upon
said property. two special assess
ments Of $le5.98 each, aggregating
the principal sum of <39l.96, as
shown by said certificates, said
stallment OF principal or interest
ments with interest thereon. from
date OF the certificates, at the rate
OF 5 per cent per annum, and pro-
v!ding for accelerated maturity Of
all said inStallmentS, in case Of
default IN the payment Of any in
stlalment OF principal or interest
thereof. and providing for reason
able attorneys fees; that default
having been made in said payments.
Plaintiff has declared all Of said
installments due; placed said GER
~tlficates, contract and liens in the
hands OF attorneys for collection
ard foreclosure, and has agreed 10
pay said attorneys for their SER
vices such reasonable attorneys
fees, which is alleged to be $4,000.
In its petition plaintiff further
alleges that The National Loan and
Investment Company, Louise Wentz
Wyatt and her husband ......
Wyatt, and each OF them have or