Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-31

c ADVERTISING

each week for four successive weeks
previous to the return day hereof,
in some newspaper published in
your County, If there DC q news
paper published therein. but II not,
then in any newspaper published
IN the l03rd Judicial District. but
IL there be no newspaper published
in said Judicial District, then in a
newspaper published in the nearest
District to said i03rd Judicial Dis
trict, to appear at the next regular
term OF the District Court OF Cam
eron County. to be holden at the
Court House thereof in Brownsville
Texas, on the third Monday in Ap-
ri, A. d. 1880, the same being the
2lst day OF April, A. u. 1880, then
and there to answer a petition filed
in said Court on the 18th day OF De-
cember. A. ID. 1929 in a suit num-
bered on the docket OF said Court
No. 9077. wherein Realty Trust COM
pany is Plaintiff, and Harrington De-
velopment Company j. r. Roberts
and z. w. Thomas are Defendants.
Plaintiffs cause OF action is as
follows:
A suit for debt upon four special
assessment certificates, issued by
the City OF Harrington. Texas, to
+. p. McElwrath and his assigns, for
the aggregate principal sum OF
$966.60. dated June 18th, 1927, Civ
en- for a part Of the costs of improv-
ing that part of Buchanan Street,
in said City OF Harrington. abutting
Lots i. ?, 3. and 5. in Block 14B,
TOWnsite Of said City; for interest
thereon. reasonable attorneys fees,
for costs, and foreclosure OF the as
seSsment liens levied against said
property by the City Of Harrington;
and upon and TO foreclose four GER
tain voluntary contracts. mortgages
and Mechanics Liens. OH said pro-
perty, executed by Harrington Dew
elopment Company. in favor OF said
L. p. McElwrath and his assigns.
for the said aggregate sum OF
$966.60. dated May l3. 1927. and re-
corded in the Mechanics Lien Re-
cords Of Cameron County. and for
interest and reasonable attorneys
fees accrued thereon. in accordance
with the terms thereof: said COZ
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 its petition
that by due assignment 1t now owns
the said certificates. contracts and
liens: alleges that the said City Of
Harrington is a Municipal Corpora
ton 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 accord
ance with and as provided BY law,
empowering the said City TO improve
It's streets. and to assess q part OF
the costs thereof against adjoining
property owners: recstes that By
virtue OF an Ordinance OF 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 proper
ty. special assessments amounting
to the aggregate sum Of $4,000. as
.llow'l by said certificates. said
amount being payable in install
ments with interest thereon. from
date of the certificates. at tine rate
Of 8 per cent per annum. and pro-
viding for accelerated maturity Of
all said installments. in a. OF de-
fault in the payment OF any in
stallment OF principal or interest,
and providing for reasonable at
torney's fees: that 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 fore
closure. and has agreed 70 pay said
attorneys FOR their services such rea-
sonable attorneys fees, which Is al
legged TO be $4,000.
Plaintiff further alleges that Dc
PENDANTS J.. r. Roberts and 4. w.
Thomas, and each OF them. have y
claim Sone right, title, lien or inter-
GIb AA GAld w GaAG BAQHAAt.r g0N
such claim. lien or interest Is SUBJ
jet, subordinate and inferior to
the liens and claims Of Plaintiff.
Herein Fail Not. but have before
said Court, at its aforesaid next
regular term. this writ with your re-
turn, thereon, showing how YOU
have executed the same.
Given Under NV Hand and the
Seal OF said Court. at office in
Brownsville. Texas. this, the 4th
{ Of March, A. D. 1890.
JNO. p. SCANLAN. Clerk.
District Court, Cameron
County,
BY M. J. McT1ernan, Dep.
CSEAL)
"A True Copy I Certify
JNO. p. SEAMAN,
Clerk. District Court, Cameron Co,
Texas.
M. j. McTiernar, Deputy.