Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1858-02-20

Ii eTsrs rendeTe6Sn IL DisSTiss Cssss, 8 49,
the County Of N DoFs6o and oss1e - ea1noAs ~
NhIeh the feIIOuisG b . eOPy, ssEiss- - IN
sI Count. :. Of G poSsSo. Jsdisiai Gs'sis;.
EDWARD !. RA6N, pIsIatIR, va M.X HEHN0En4s .
JOHN KIRK ESd AEUELINE KIkk, ~ Wusv n
feRaaNas,
Ia this cause, the D4f.ndssis,.W. v, 1exDesaO
John Kirk and ABeeIIne KIRK, bis viz. haylnf beeD
regularly served with pFOeess, snd Ne uI SshtNF
answering having exsplrea, sd - eeieaee k4gD2
been made, and the default Of 81 Of sztd DesB4s1s
Nov, a this DAY, upoS sppIsessisn Il sasAss61s6
Newell, Attorneys for said Blalnti4, - oFee Co3y
and II appearing from the Papes. 20 e hesse -
to recover from defendant Reynsl1s ~ eDpsat -
upon certain nOte dated January 1bth 1861, aHeeus
ted By said defendant ". keynOlds e s.t4 49,
ill., for the Of Thirty Two ThOussnd Ds1lasawNh
Interest thereon 1t the rate Of TIVE aB4 OaShan ~
cent per month, interest payable monthly, an9 nOe
paid at the expiration Of each month IL. 80 S1V'
est due 70 be added 70 the principal SD - bsag ~
rate Of interest; upon which note paid TIE
full amount Of interest up to the 18Th DAY gJsss \.
on the 2Ist day Of June 1851 leaving due uPsa ~
note at this day, the sum Of ThuyNx 1heasaDA
Four Hundred and Forty Eight and 1O-1o0 Dollstss
principal and interest; and further t. recover fFe@
defendant Reynolds the sum Of Eight hun6Fel Dsk
lars foT attorneys fees, as Der aefeemenl
And tbis eaase haVng been submitted 70 ne Court,
and the premises having been by the COaTt fully eoAS
sdcrcd, and the Bscehsary orders and DEGREES beFs
having been made BY said Court for the entry as
enforcement Of Judgment
II 10 therefore ordered adjudRed and deeTeed tSat
said Plaintiff Edward 7. KauD, have and receiver ~
and from raid Defendant, W. w. ReInota1, he 6dm
Of thlriy'seven thousand tNO hshdred ans fOVt1s
eight 2510O Dolarr 24s 261O) for his Dtbt Niih
interest the sum Of eight hundred Dollars. ae the
rate OF ten per cent per abnum from this date until
paid. and interest on the sum Of thiny:sx thousand
four hundred aud fOrtyeight 2J.1OO DoiiaTs (e80,
~ 25lm) at the rate Of two and one half per cent.
per month frOm this date until paid, provided the said
sum Of thirty six thOisaLd four hundred and forty.
piOl ALI 2S(n1 aafd
crung interest thereon be paid before the 21E
day Of February, 1-s, and IN the event the same is
paid before the day last Aforesaid, the same
being the day which the interest, IN case Of son:
payment becomes part Of the principal BY tbe terms
Of said note. then that the rum Of iIrfysIx fhonsan9
hundred and fDrtyse Dolara, 1885 I41 be-
ing the amount that will he due upon said note
4aid zst day ri February ISIS to bear and draw In.
tercst frOm and after the date aa Aforesaid ut tie
rate 81 two and One-liaIf per cent per month, the
amount Of such interest at the e11tTatlOn Of each
month thereafter, to wit on the zIst day Of each
month"; To be- added TO such principal sum, and there.
after such principal TO bear the same interest. to
wit two aud onehaif per cent per month: and thae
said Plaintiff have and recover Of said Defendant
Reynolds. his costs and charges In this behalf ex-
pended taxed vt ore hundred and seventy -four IT,.
100 Dollars ora fu.irO):b And n n further 0sdsSeA
and drcrttd. that all the right title and interest said
Defendant. " Reynolds, had on the 10Th day q
January. A. d. 1881, at any time thereafter In and
10 the following drsrribrr property, EReEtGaEed By
said Defendant Reynolds to said Plaintiff, TO secure
the payment Of said note. 10 wit:
An equal and undivided tiIree.fnhs Of the eOuth
Fork Canal situated 10 the County and State afore
said. and constructed for the purpose Of conveying
the waters Of the South Fork Of the American River,
and 81 other streams intersected BY the line Of said
Canal to various localities In said County, TO be sold
for hydraulic, agricultural aud gold mining purposes,
aud more particularly described rs follows, TO vii
Commencing the souih side Of the said South ROTk
Of the American River, at a dam erected said
stream, near five miles above the mouth Of Silver
Creek running thence along the South bank Of said
River 10 Reservoir, White Rock. Placervle, Coon
Hollow; thence crossing Weber Creek near 70 the
| town 81 Wcbervle to the Forty Mile House. the
Sacramento and pactrvlle road and vicinity, inclu.
ding all works Of whatsoever kind and description,
belonging aud pertaining unto said Canal, together
with all and singular the heredltaments and appuF-
tcnancc-, rights and privileges thereuntO belonging,
or in any wise aVpertaning."
| And furthermore, all the right, title and interest
which the raid defendants, W. W. Reynold and John
Kirk both either 81 them, had the I6th day Of
October A. d. ISL, or at any time thereafter In and
| To the following described property, mOFtgaged BY
them Ia said Plaintiff for additional security for the
payment ii the note aforesaid, and to the pay.
| inent 81 the said 81 Eight Hundred Dollars. At
tornrys fees aud executed for the purpose Of obtain
ing extension 81 time for the payment Of the note
aforesaid, 10 wit: That certain Water Ditch known
the Gold Hill Water DItch situated In the cOun-
~ Of III Dorado and State Of CALIFORNIA; commencing
| at dam on IIanRtOwn Creek and extending thence
| to the town OF Gold Till and It's vicinity, together
with all works, fH"'es, rlgs, privileges and apDurfe
nanccs to the same In any manner bcOngngI-it be-
ing understood that the interest Of said last named
defendants, Reynolds and Kirk In and to the proper
~ above ret forth, amounts TO undivided Three
| Finhs Of said "t;old Till Water Ditch"
Aud furthermore all the right, title and interest
said defendants, John Kirk and Angelina Kirk hig
wife, both either Of them, had the 1oih day Of
October A. d. 1851 or at any time thereafter, in and
to the folio sing described property, moTtgsged ~
them TO the said Plaintiff for the puFoss that
said Defendants Reynolds and John KIFk executed
the mortgage last before referred to, TO vie: The
following described Real Estate situated and Iysg In
the town Of PacervIIle In the county aforesaid, 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 wife, Of
present reside aud use as homestead, being about
200 feet square, together with all and singular the
tencmcnts and buildings thereon and the appuEt0.
nances thereto belonging
BE sold by the Sheriff 0f 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, towit: The said Sheriff making the sale, shall
first offer for sale the mOrigaged property nrst above
set FORTH and shall sell the same separate and apart
from the mortgaged property second above set forth;
1IrOridpd, nm amount Is bid for the property aFst
above set forth sufficient to satisfy the Judgment
above entered and accruing costs, In which evens,
the property secondly and thirdly above set forth b.
not to be offered for sale prOCtded, TwrtAer, that
the said Sheriff, In offering the said property >Arut
above set forth. shall not receive entertain any BID
or offer for the same which IN amount IL Lees than
the aggregate amount Of the judgment above entered
and nccruinR costs.
And in such bid or offer Of such amount be
made for the property first above mentioned then. In
that event, the mOrtgaged property first above set
forth in connection and together with the mOrtgage0
properly second above FORTH shall be sold g a.
sum bid and paid for the property lastly provided to
be Sold he not sufficient to satisfy said Judgment anA
accrung costs, then that the property thirdly shove
set forth he sold provided by law and the proceeds
thereof applied to the satisfaction Of any balance
| that then remains unpaid upon said JudRmens and
accrung costs; and II thereafter, and alter am The
above described property has been sold and th0 pro.
ceeds applied to the foregoing Judgment ahove d.
rected, there should remain any portion Of such,
Judgment unsatsned then II 10 ordered and deeSeed
that said Plaintiff have execution in his favor for
such remainder against the property Of said Defend
ant, W. ". Reynolds.
Judgment rendered r, bruary 11th, A. D. 1858.
Therefore. by virtue Of the above decree and order
Of sale, will expose to public sale, ut the Court House
| in Ptncerve, on Monday the sth day Of March, A.
lSio at 10 o'clock A. NJ all the right title, inter-
est and claim Of the said w. w. Reynolds, John Kirk
and Angelina Kirk his wife, Of in and to the properly
described In said decree order Of sale, In accord.
ancc with the conditions therein described.
| f. B0GARDUe,
| Sheriff Of Fl Dorado County, Cal,
by W. J. BURwuL, Under EherfG
ShcriG's Office, PlaCerville, February 18Th, a. D.
| 1SJS Tia1