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

AhE STATE OF TEXAS
10 the Sheriff or any Constable
Of Cameron County-GreetinV:
You are hereby commanded 70
summon Louise Wentz Wyatt and
her husband ........ Wyatt whose
Christian or given name Is I'M
Known, by making publication OF
this Citation n in each week for
four successive weeks previous to
the return day hereof, IN some
newspaper published in your coun-
~, III there be a newspaper pub
lished therein, but II not, then IN
any newspaper published In the
One Hundred Third Judicial DiE-
trlct. but II there be nc newspaper
published In said Judicial District
then In a newspaper published In
the nearest District TO said One
Hundred Third Judicial District.
20 appear &C the next regular term
OF the District court Of Cameron
County, TO be holden at the court
mouse thereof in Brownsville. Tex-
as, on the third Monday in July
a. D. 1880 the same being the 2lst
cay Of July A. ID. 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-
kered on the docket or said court
No. 9i09, wherein Realty Trust
Company, IS plaintiff. and A. l..
Brooks and wife Mrs. Anne Brooks,
The National Loan and Investment
Company, Louise Wentz Wyatt and
her husband 10000. Wyatt, are
defendants.
Plaintiffs cause Of action is as
follows:
4 suit for debt upon two special
assessment certificates. issued by
the City Of Harlingen. Texas. to
I. P. McElwrath and his assigns.
for the principal sum OF $685. 8
each. aggregating $39i.96 each
dated April 9th, 1927, given for part
Of the costs of improving that part
nF Johnston Street. in said city of
Harlingen, AUDITING lots IA and Is.
IN block 2, 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 Harrington: and upon
and to fOrecloSe a certain yolun-
tary contract. mortgage and Me-
chanlcS Lien, on said property.
executed by A. l.. Brooks and Anne
Brooks. in favor of said +. p. Nc
k,wrath and his assigns, for the
said sum of $391.96. dated October
4, 1925. and recorded in the Me-
clanic's her records Of Cameron
county, and for interest and rea-
sorable attorneys fees accrued
thereon, I'm 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
d~ebtedness represented by said GER
.tificates.
Plaintiff alleges in its petition
that it is now the legal owner of
said certificates, contract and liens;
alleges that the said city of Har-
iinRen 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 accor-
dance 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 Harrington, passed on November
7, 1925, there vas levied and as
sessed against said defendant A.
Il. 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 sl95.9S each, aggregating
the principal sum of 1891 90, as
shown by said certificates, said
stallment of principal or interest
ments with interest thereon. from
date Of the certificates, at the rate
OF 8 per cent per annum. and pro-
viding 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.
riaintiff has declared all Of said
installments due; placed said Ger
~t.ficates, contract and liens in the
hands OF attorneys for collection
and foreclosure. and has agreed to
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 zach Of them have or
claim some right, title, lien or in
tereSt in and 10 said property, but
such claim. lien or interest, as they
have Is subject. subordinate and
inferior 10 the liens and claims OF
r.aintiff.