Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-25
THE A OF y

To the Sheriff or any Constable
OF Cameron County-Grceting:
You arc hereby commanded TO
summon Z. w. Thomas by making
publication Of this Citation once
in each week for four successive
weeks previous TO the return day
hereof. in some newspaper publish
ed in your County. If there be a
newspaper published therein. but II
not, then In any newspaper publish
ed in the l03rd judicial District.
but II there be no newspaper pub
lished in said judicial District. then
in a newspaper published in the
nearest District to said l03rd
Judicial District. 70 appear at the
next regular tsrm OF the District
Court Of Cameron County. to be
holden at 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. ID. 1890. then and there TO an
swer a petition filed in said Court
on the 18th day CT December A. d.
1929 in a suit. numbered OF the
docket of said Court No. 9075. where
in Realty Trust Company is Plain
tiff. and Harrington Development
Company, 5. Finley Ewing and Z.
w. Thomas are Defendants.
Plaintiffs cause Of action is as
follows:
A suit for debt upon three special
assessment certificates. issued by
the City OF Harrington, Texas, 10
+. p. McElwrath and his assigns.
for the aggregate principal sum Of
$724.95. dated June Is. 1927, given
for part Of the costs OF improving
that part Of Buchanan Street, in
said City Of Harrington, AUDITING
Lots z, 8 and 9. Of Block 142, Of the
Townsite OF said city; for interest
thereon. reasonable attorneys fees,
for costs, and foreclosure Of the
assessment liens levied against said
property by the City or Harrington;
and upon and to foreclose three GER
tain voluntary con racts, mortgages
and Mechanics liens, on said prop
erty. executed by Harrington Devel-
opment Company, in favor OF said
#. p. McElwrath and his assigns,
for the said aggregate sum OF S724.-
IS, dated May Is, 1927. and record
ed in the Mechanics Lien records
Of Cameron County. and for in
terest and reasonable attorneys
fees accrued thereon. in accordance
with the terms thereof; said con-
tracts and Mechanics Liens hav-
ing been executed as collateral TO
and to further evidence and secure
the indebtedness represented by
said Certificates.
Plaintiff alleges in It's petition
that by due assignment it now
owns the said certificates, contracts
and liens; alleges that the said
City OF Harrington Is a Municipal
Corporation organized under the
laws of the State Of Texas, operat-
ing under a charter adopted by the
qualified voters OF said city; recites
various things having been done in
accordance with and as provided BY
law, empowering said City to i'm
prove its streets, and to assess a
part OF the costs thereof against
adjoining property owners; recites
that by virtue OF an ordinance or
said City Of Harlingen, passed on
May 20, 1927. there was levied and
assessed against said Defendant
Harrington Development Company,
as the then owner of said property,
and against and fixing a lien upon
said property. a special assessment
amounting to the aggregate sum OF
s724.95. as shown by said Certifi-
Gates. said amount being payable
in installments with interest there
on. from date Of the certificates.
1t the rate OF go per annum. and
providing for accelerated maturity
Of all said installments. in case of
defaul. in the payment OF any in
stallment Of principal or interest:
and providing for reasonable at
torney's fees; tina. default having
been made in said payments. Plain
tiff has declared all Of said install
ments due: placed said Certificates.
Contracts and Liens in the hands
OF attorneys for collection and
foreclosure. and has agreed to pay
said attorneys for their services
such reasonable attorneys fees.
which is alleged TO be S300.O0.
Plaintiff further alleges that
Defendants 5. Finley Ewing and r.