Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-27
THE A or TEXAS

To the Sheriff. or any Constable
OF Cameron county-Greeting:
You are hereby commanded 70
summon q. l.. Cook and Ivy Cook
by making publication Of this Cita-
ton once in each week for four
successive weeks previous to the
return day hereof. in some news
paper published in your county. IL
there be a newspaper published
therein. but If not, then in any
newspaper published in the l03rd
Judicial District. but If there be no
newspaper published in said Judicial
District. then in a newspaper pub
liShed in the nearest District TO
said 103rd judicial District, to ap-
pear at the next regular term OF
the District court OF Cameron coun-
~. TO be holden at the court house
thereof in Brownsville, Texas. on
the third Monday in April. A. d.
1880 the same being the 2lst day
Of April, A. ID. 1880. then and there
10 answer a Plaintiffs first amend
cd original petition filed in said
court on the l4th day OF March,
"A. ID. 1880. Plaintiffs original petit
ton having been filed herein on
December 10th. 1920, in a suit,
numbered on the docket OF said
court No. 9062. wherein Realty
trust Company Is Plaintiff, and q
n. Cook, Ivy Cook. Richard Hart
nd The National Loan and Invest
clant Company are Defendants.
Plaintiffs Cause OF Action IS as
follows:
4 suit for debt upon a special as
scssment certificate. issued by the
CITY Of Harllngen. Texas. to F. p.
McElvrath and his assigns, for the
principal sum OF s268.SS, dated
april s, 1927. given for part OF the
costs OF improving that part Of
East Harrison Street. in said City
or Harrington, AUDITING Lot 10, Block
=. Otto Addition to said city; for
interest thereon, reasonable at
I1rney's fees, for costs, and fore
closure or the assessment lien lev
led against said property by the
City Of Harrington.
Plaintiff alleges In its petition
that by due assignment 1t now owns
the said certificate and lien: alleges
that the said City OF Harlingen Is
a Municipal Corporation organized
under the laws Of the State OF Tex
as, operating under a charter adopt
ed by the qualified voters of said
city: recites various things having
been done in accordance with and
as provided b. 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 ordin-
ance OF said City Of Harrington,
passed on January 5th, 1927, there
was levied and assessed against said
Defendant O.. L. Cook, as the then
owner Of said property. as a per-
sonal liability, and against and fix
ing a lien upon said property, a
special assessment amounting to
s255ls8, as shown by said certificate,
said amount being payable in in
sediments With interest thereon,
lgcm date OF the certificate, az the
rSse OF 8 per cent per annum, and
providing FOR accelerated maturity
OF all said installments. in case OF
default in the payment Of any In
stallment OF principal or interest,
and providing for reasonable at
tcrney's fees; that default having
been made in said payments, Plain
tiff has declared all Of said install
ments due; placed said certificate
and lien 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 $4,000.
Plaintiff further alleges that the
Defendants Ivy Cook. Richard Hart
and The National Loan and In
ve5tment Company. and each Of
them. have or claim some right.
title. lien or interest in and to said
property. but such claim, lien or