Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1858-02-27

gheFiG'1 sale.


SheFiG'a Sale.
DY virtue Of . certain Jednntat anl esFsaii D.
he County q n Dorado and Stats II oallflrHla, f
which the following e copy, 70 Wit:
STATE OF CALIFORNIA, In District Co1st, III
County Of n Dorado. Judicial DislEisI.
EDWARD I. RAUN, PiaIntiG, ". ". ". REYN0LDs;
JOHN KIRK and ANGELINA KIRK, biz WI. D.
PENDANTS.
In this cause, the Defendants, ". ". ReyssBdS
John KIRK and ADeeIIne Kirk, HIS wife, having beea
regularly served with process, and legal delay tey
SSsH n. Nd &. expire sSG 70 SseSss 49,
having been duly entered according to law
Now, ct this day, upon application Of eandegsss 3
Nswel, Attorneys for said Plaintiff, n open Court,
and II appearing from the papers on Ale herein ssd
the minutes Of said Court that this action 10 brought
70 recover from defendant Reynolds the amount due
upon certain note dated gHEufIy 18Th 1851 szecu'
tn, for the sum Of Thrty.T1 fh6uslqd DollaS6 Wit
interest thereon ct the rate Of two And 6hehs pet
cent per month, interest payable monthly, END net
est due 70 be Hdded to the prncpHf Tnd to OesT the
same rate Of interest," upon which note was paid the
full amount Of interest up to the 16h day Of June II
on the 21st day Of June 1851 leaving due upon said
note at this day, the sum OF ThiFtyeIx thousand
Four Hundred and Forty-Elght and 2O.1OO Dollars,
principal and Interest," and further to recover from
defendant Reynolds the sum Of Eight Hundred Dol.
lars for Attorneys fees, as per agreement
And this cause having been submitted 10 the CouFts
sdered and the necessary orders and DEGREES herein
having been made by said Court for the entry and
enforcement Of Judgment.
III therefore ordered, adjudged and dsorOed thst
said Plaintiff Edward T. Raun, have and recover Of
and from said Defendant, W. W. Reynolds, The sum
Of thirty .seyen thousand two hundred and fovty.
eight 9o1OO Dollars 1887 94e $4,000 for hts Deb, with
rate Of ten per cent. per annum from this date uht
paid, and interest on the sum Of thTty.sx theusan6
four hundred and forty.eght 25-IO0 Dollars, $685..
Al0 20-1O0 at the rate OF two and Onehan per cent.
per month from this date until paid provided the 0ad
sum Of thiTtysix thouaaGd four hundred and forty.
eight 2elO0 Dollars 44s 5000 and the said &C.
day Of February 1885, and In the event the sans b
not paid before the day last Aforesaid, the sane
being the day on which the interest, IN case Of non.
Of said note then that the sum Of thiTySx thoaana
seven hundred and forty Dollars, be-
ing the amount that viii Be due upon cad mote ea
terest from and after the date last alorsSai1 Ne
rate Of two and one.half per cent. per month, tho
amount OF such Interest ct the expiration Of each
month"; 70 be added 10 such principal sum, and there
amer such principal 10 bear the same interest 10
wit: two and one-half per cent per month; and that
said Plaintiff have and recover Of said Defendant
Reynolds, his costs and charges IN this behalf ex.
pended. taxed at one hundred and Seventy.i6ur 10
loo Dollars (et74 1O.10O)) And is further ordered
and decreed. that ell the right title and interest said
Defendant, w. W. Reynolds, had on the 18Th day Oe
January A. D. 1857 or At any time thereafter, IN ana
to the following described property, moFtRARed By
said Defendant Reynolds to said Plaintiff, 70 secure
the payment Of said note, TO wit;
IAN equal and undivided thFee.Afths Of the GOuth
Fork Canal, situated in the County and State aSOre.
said, and constructed for the purpose Of conveying
and Of other streams inteTsected By the line Of sa4
Canal To various localities In said County 70 DO ~
for hydraulic, agricultural and gold mining purposes,
and more particularly described follows, % VII
Commencing the South side Of the said South F0S
Of the American River, ct dam erected across SaiA
stream, near ave miles above the mouth Of Silver
sSnRns ,nSnce along me South DsIh o. -
Hollow thence crossing Weber Creek near 70 the
town Of WebervIlle 10 the Forty Nile House, on the
Sacramento and piacervile road and vicinity. neiu-
ding all works Of whatsoever kind and AeSeTipsenv
belonging and pertaining unto said Canal, together
With all and singular the heredeamenIe and AppuR-
s.rsnss:' ROT: and prixaeFes' thersansO bs''SihG
And furthermore, ell the right title end interest,"
which the said defendants, W. W. ReynoId ana Joha
KIRK, both o. either ofthem had on the leu DAP 81
October A. D. 1851, or Of any time thereafter 10 and
70 the following described property, mortgAged b
them 70 said Plaintiff for additional security JoV Ne
payment Of the ndte Aforesaid and 70 secure The pAy:
msnt Of the said sum OF Eight Hundred Dollars AZ.
tOFneyb FEES and executed Tor the purpose Of obtain.
Ing extension Of time for the payment Of the noa
aforesaid, TO Wit: That certain Water Ditch known
~ the "Gold Hill Water Ditch" situated in the COM.
~ Of Fl Dorado and State Of California; Commencing
at dam on Hangtown Creek and extending thenc1
70 the town Of Gold Hin and Ito vicinity, together
with al works, fumes rights, privileges and appaFts-
nances to the same In any manner belongngs- be.
Ing understood that the interest Of said last named
defendAnts Reynolds and Kirk, In and to the proper.
z shove set forth, amounts 70 an undivided Thrss-
And furthermore, all the right, title and interest
sid Defendants John Kirk and Angeline Kirk Ne
Wife, both or either Of them, had on the 18th day Of
october D. 1851 or at any time thereafter, IL and
70 the oIing described property, InortgaKtd -
them TO the said Plaintiff for the purpose that
said Defendants Reynolds and John Kirk executed
the mortgage last before referred TO, TO Wit: The
following described Real Estate situated and lying n
the town Of Placervllle In the county AforosalG 10
wit All that parcel or tract Of land lying upon the
south side Of Coloma street In said town. known a.
the lot upon which said defendants Kirk and WSe. q
present reside and use 90 homestead, being ahout
300 feet square, together with all and slnKuaP tAs
tenements and buildings thereon and the sppugts-
Be sold b. the Sheriff Of this county as puhae aala
aier giving due notice Of the time, place anA manner
oISuch Ssle according % lay, In the following nas.
ner. to.Wt: The said Sheriff making the salS. eAan
nFst oer for sale the morgageA property art aRaVo
eet forth. end shall sell the same separate anA apart
nom the mortgaged property second above sst i6sth
above set forth sunacient 10 satisfy the ludement
above entered and accFuing costa, In which event
the property secondly and thirdly above set forth 4
the said Sheriff, In Offering the said property 6Fue
above set FORTH shall not receive or entertain anv "a
or oner Tor the same which In amount 10 lesa than
the aggregate amount Of the Judgment above entered
and accrulng costs.
And In case no such bid or OneF Of such amos1hk h
made for the property FIRST above mentioned - ii
that event, the mortgaged property nFst above ese
forth, In connection and together with the moFteaRs6
properly second above set FORTH shall be Soid e ~
entirety and not separately; and in The event a.
sum bid and paid for the property lastly PROVIDED 81
DO sold, be not sufficient to satisfy aad tu1aeas ~
accrung costs, then that the property thirdly akoVa
set forth be sold provided BY law and The nrooeea
thereof applied to the satisfaction Of any hoisnoa
that then remains unpaid upon said JudGmens anIl
Accrung costs; and II thereafter, and amer al ne
above described property has been sold end the
cseds applied To- the foregoing Judgment e Above Al.
recled, there should remain any portion Of snch
Judgment pnsatisAed, then II 10 ordered and deerse1
that said Plaintiff have execution In hIs Ave -
such remainder against the property Of Gala Nein6.
ant, w. W. Reynolds.
Judgment rendered February 11th, A. D. ie6e.
Therefore by virtue Of the above decree "a orssr
sale, will expose TO public sale, at the Court oso
In PlAcervlle, on Monday the 9Th day Of EsreS. n.
1888, at 10 O'Clock A. H., all The Hat Era -.
est and claim OF the said W. W. RaynolAs 80 -
and Angelina KIRK his WIFE, Of In and % tke rreeeSsV
described In said decree or order &C sala A aeeeT
ance with the conditions therein descTiboi
h BO0ARDUR,
Sheriff Of II Dorado ConnSy, CAl
By w. J. BURwMl, Under NSaEiG !,
sneriHS Once, PlacerviIle, February lalk, 4. 8