Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1858-02-13
SllerfH's Sale.

SheriG'S Sale.
by virtue of a certain Judgment and certain De-
ID ere renderedfn the District Court, in and for
PIE County Of II Dorado and State Of California, Of
which the following is Copy, to wit:
STATE OF CALIFORNIA, In District Court, nth
County Of n Dorado. Judicial District.
EDWARD T. RAUN, Plaintiff, vs. W. ". EYNOLDs,
JOHN KIRK and ANGELlNE KIRK, his Wife, De-
PENDANTS.
Ia this cause, the Defendants, W. ". Reynolds
John Kirk aud Angelina Kirk, his wife, having been
regularly served with process and the legal delay for
answering haviAg exsplred, and no defence having
been made, and the default Of all Of said Defendants
having been duly catered according to law
. Now, at this day, upon application OF eanderson
Newell, Attorneys for said Plaintiff, In open Court,
aud II appearing from the papers on file herein and
the minutes OF sA Court that this action s brought
to recover from defendant Reynolds the amount due
upon certain note, dated January 10Th 1857, execu
ted by said defendant w. W. Reynolds to said plain
TIM for the sum Of Thirty Two Thousand DoarS, with
Interest thereon at the rate Of two and 0nehA per
cent per month, interest payable monthly, and II not
paid at the expiration Of each month then such inter-
est due to be added to the principal and to bear the
same rate OF interest," upon which note Was paid the
full amount OF interest up to the 18th day Of June A.
d. 1881. and the further Of two thousand dollars
on the 2lst day Of June 1851 leaving due upon said
note at this day, the sum Of Thirty.Sx Thousand
Four Hundred and Forty Eight and I0O Dollars,
principal and interest," aud further 10 recover from
defendant Reynolds the sum Of Eight Hundred Dol.
lars for Attorneys fees, as per agreement.
And this cause having been submitted TO the Court
and the premises having been by the Court fully con-
sdered, nnd the necessary orders and DEGREES herein
having been made by said Court for the entry and
enforcement Of Judgment.
1t Is therefore ordered adludged and decreed that
said Plaintiff. Edward T. Raun. have and recover Of
and from said Defendant, W. ". Reynolds, the sum
OF thrty-scven thousand two hundred and forty.
eight Z5lOO Dollars S3 4S 251O0 for his Debt, with
interest on the sum Of eight hundred Dollars at the
rate OF cent. ri thla dat
paid, and Interest on the sum Of thrtysIx thousand
four hundred and fOrty.eght 25.lOO Dollars. (e36.
AS 25lUD at the rate OF two and half per cent
per month from this date until paid provided the said
sum OF thiTysix thousand four hundred and forty.
eight 25-l Dollars $50 AS 25OO) and the said &C.
cruing interest thereon be paid on before the 2ls
day OF February, 1855, and In the event the same 10
not paid before the day last Aforesaid the same
being the day on which the Interest," 10 case Of non.
pay ment becomes part OF the prncipalb the terms
OF said note then that the sum Of thTtysx thousand
seven hundred and forty seven Dollars, 1885 1@1 BE-
ing the amount that will be due upon said note on
said 2lst day OF February 1885, to bear and draw In
terest from and after the date last Aforesaid at tile
rate 81 two and One.half per cent per month, the
amount OF such Interest at the expiration OF each
month thereafter, to wit on the 2lst day Of each
month, to be added TO such principal sum, and there
amer such principal sum to bear the same interest. 10
wit: two aud Onr.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. four H.
Loo Dollars (Al+ lnlO)@ And Il Is further ordered
and decreed that all the right title and Interest said
Defendant, Reynolds, had on the 10Th day Of
January 4. D. 1857 at any time thereafter In and
to the following described property, mortgaged BY
said Defendant Reynolds to said Plaintiff 70 secure
the payment Of said nCte, To Wit
- An equal and undivided three.hflhs Of the South
Fork Canal, situated in the County and State afore
said and constructed for the purpose Of conveying
the waters OF the South Fork Of the American River
and of other streams nersected BY the line Of said
Canal to various localities In said County, to be sold
for hydraulic, agricultural and gold mining purposes
and more particularly described ~ follows, TO Wit :
Commencing on the South side Of the said South Fork
OF the American River, at dam erected across said
stream, near i've miles above the mouth Of Silver
Greek; running thence along the South bank OF said
River to Reservoir, White Rock, Placerville, Coon
Hollow; thence crossing Weber Creek near TO the
town OF WGbervllle to the Forty Mile House, on the
Sacramento and Placervlle road and vicinity, nclu.
ding all works Of whatsoever kind aud description,
belonging and pertaining unto said Canal, together
with all and singular the hereditAments and appur.
tenances, rights and privileges thereuntO belonging,
or In any wise Apptrtaning."
And Furthermore, all the right, title and interest
which the said defendants, W. W. Reynold and John
Kirk, both or either Ofthem, had the 10Th day OF
October A. D. 1851 or at any time thereafter In and
to the following described property, mortgaged by
them to said Plaintiff for additional security Tor the
payment OF the note aforesaid, aud TO secure the pay
ment OF the said sum Of Eight Hundred Dollars, At.
tOrneys fees and executed for the purpose OF obtain
ing an extension OF time for the payment OF the note
as the Gold Hin Water Ditch, situated In the coun.
~ of FL Dorado and State Of California, commencing
ala dam on lianHtoHn Geek and attending thence
to the town OF Gold lill and lts vicinity, together
with all works, fumes, rights privileges and appurte-
nances to the same In any manner bclOnginK-It be-
ing understood that the interest Of said last named
defendants Reynolds and Kirk, In and to the proper.
~ above set forth, amounts to undivided Three.
Fifths Of said "Gold Hill Water Ditch"
And furthermore, all the right, title and interest
said defendants, John Kirk and Angene Kirk, his
wife both or either Of them, had on the 18th day Of
October A. d. 1857 or al any time thereafter In and
to the folio ling described property, mOrtgaged by
them to the said Plaintiff for the same 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 In
the town " Pacerville in the county Aforesaid, to
wit: All that parcel or tract Of land lying upon the
south side Of Coloma street In said town, known az
the lot upon which said defendants Kirk and wife, at
present reside and use rs homestead being about
2Gn feet square, together with all and singular the
tenements and buildings thereon and the Appurte.
names thereto belongings
BE sold by the Sheriff Of this county at public sale
after giving due notice Of the time place and manner
OF such sale according TO law, In the following man
ner, to.wit The said Sheriff making the sale, shall
nrst offer Tor sale the morgaged property first above
set forth, and shall sell the separate and apart
from the mortgaged property second above set forth;
DrOrided, an amount 10 bid for the property first
above set forth sufficient to satisfy the Judgment
above entered and nccrulng costs, In which event.
not to be offered for sale pTOrided, further, that
the said Sheriff, In Offering the said property nrst
above set FORTH shall not receive entertain any bid
or offer for the which In amount 10 less than
the aggregate amount Of the judgment above entered
and accruing costs.
Ard in case no such bid or offer Of such amount be
made for the property FIRST above mentioned then. In
that event, the mOrtgaged property Grst above set
forth, In connection and together with the morgaged
properly second above set forth, shall be sold a. an
entirety and not separately; and In the event the
sum bid and paid for the property lasty provided TO
be Sold be not sufficient to satisfy said Judgment and
accrung costs, then that the property thirdly above
set forth be sold provided by law and the proceeds
thereof applied to the satisfaction Of any balance
that then remains unpaid upon said Judgment and
accruing costs; and II thereafter and amer ell the
above described property has been sold and the pro.
ceeds applied to the foregoing Judgment above d.
rccted, there should remain any portion Of such
Judgment unsatisrd then Il Is ordered and decreed
that said Plaintiff have execution In his favor for
such remainder against the property Of said Defend.
ant, W. W. Reynolds.
Judgment rendered February 1lth, A. D. 1858.
Therefore by virtue Of the above decree and order
OF sale will expose to public sale, at the Court House
in Placervlle, on Monday the 9Th day Of March, A.
1885, at 10 O'Clock A. NJ, ell the right title, inter.
est and claim Of the said W. W. Reynolds, John Kirk
and Angelina Kirk his wife, Of In and 10 the property
described In said decree or order Of sale In accord
ance with the conditions therein described.
E. B0GARDCS,
Sheriff Of Fl Dorado County, CAL,
by w, J. RURWuL, Under Sheriff.
Sheriff. Once, Piacervle, February 18th, A, D.
1883. tbl