Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1930-03-10
THE STATE OF Y

~ LIE 9aEFl1FF UT AN GON-
STABLE OF CAMERON COUNTY;
GREETING:
You are Hereby Commanded to
summon r. 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 published in
your County, II there be a news
paper published therein. but II not.
then IN any newspaper published
IN the l03rd Judicial District. but
II there be no newspaper published
in said Judicial District. then IN 2
newspaper published in the nearest
District 10 said l03rd Judicial Dis
trict, 10 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 APP
ri, a. d. 1880. the same being the
2lst day of April. A. D.. 1880. then
and there TO answer a petition filed
IN said Court OH the 18th day Of De-
cember, A. ID. 1929 in a suit num-
bered on the docket Of said Court
No. SOFT. wherein Realty Trust Com
pany is Plaintiff. and Harlingen De-
velopment Company. j. r. Roberts
and <. 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
F. p. McElwrath and his assigns. for
the aggregate principal sum OF
S966.60, 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 /. 2, 3, and 5. in Block 148.
Townsite OF said City: for interest
thereon. reasonable attorneys fees.
for costs, and foreclosure Of the as
sessment liens- l.vied against said
property BY the City OF Harrington;
and upon and 70 ~foreclose four Ger
tain voluntary contracts. mortgages
and Mechanics Liens, OH said pro-
perty. executed by Harrington Dew
elopment Company. in favor Of said
r. p. McElwrath and his assigns.
for the said aggregate sum OF
S966.60, dated May Is. 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 con-
tracts and Mechanics Liens hav-
ing been executed as collateral to
md ~ Fsfrfhat. nrfInnnn nnA an1.r--
the Indebtedness represented by
said Certificates.
Plaintiff alleges in its petition
that by due assignment it 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
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 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
~. special assessments amounting
to the aggregate sum Of s966.60. as
.ihcR'l BY said certificates, said
amount being payable in Install
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 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 TO pay said
attorneys for their services such rea-
sonable attorneys fees, which is al
legged to be $4,000.
Plaintiff further alleges that De-
PENDANTS j. r. Roberts and 4. W..
Thomas. and each of them. have or
claim some right, title, lien or inter
est in and TO said property. but
such claim. lien or interest Is sub
ject, 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.