Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1858-03-06
fnI
eheFKTSa GaIa.

febS NAI
SheFEG's Sale.
DY virtue Of . certain Judamsut ana eavsah -.
~ crees renderedbn the District CpuEt, b aBA ~
the County Of n Dorado and Stats Of CalilbynlA q
which the following is = copy, 70 wtti
STATE or California; In DiOtgios C0uEs EIts
County Of NJ Dorado. judicial District
EDWARD T. RAUN, Plaintiff, w. w. ", REYN0Gna.
JOHN KIRK and ANGELINA KIRK, bic VIA De-
PENDANTS.
In this cause, the Defendants, W. ". ReynolAs
John Kirk and AnReline Kirk, his wife, having bsea
regularly served with process and legal delay SP
been made, and the default Of ali Of sisn6soSs
having been duly entered according to Jaw
Now. At this day, upon application Of gandeEson 3
Newell. Attorneys for said Plaintiff, In oIen Court,
and It appearing from the papers on ne herein and
the minutes OF said Court that this action ID bVouRN
tn recover from defendant Reynolds the amount 1uo
upon certain note, dated January 18th 1851 exocug
I'D, for the sum Of Thirty Two thousand DoaEs wifi
Interest thereon ut the rate Of two and one-ha per
paid ut the expiration Of each month then such inter-
est due to be added to the principal and 10 bear the
same rate OF interest; upon which note was paid the
iu az cunt 81 interest up to the 10Th day OF June A.
D. 1901 ana the further sum Of two thousand dollars
on the 2lst day Of June 1851 leaving due upon saiA
note at this day, the sum Of Thiry-Hlx thousand
Four Hundred aud Forty-Eight and 2b-lOO Dollars,
principal ard interest; aud further to recover nom
defendant Reynolds the sum Of Eight Hundred Dol.
lars for Attorneys fees. rs per agreement.
And this cause having been submitted 10 the Court,
and the prciscs having been by the Court fully con.
sder'd and the necessary orders and DEGREES herein
having been made by said Court for the entry and
eHfOrctInt hi of Judgment,
II IL therefore ordered AdIudRed and decreed that
aaih TlMnt ff Edward r. RRun, have and recover Of
and from said Defendant, W. w. Reynolds, the Oum
Of hrty-s.ven thousand two hundred and forty.
eight 23-lh Dollars 1871 o4S 261tO) for his Debt, with
interest on the sum Of eight hundred Dollars, at the
rate Of ten per cent. per from this date until
paid, and interest on the Nlm OF thrtysIx thousand
our hundred and 'Orty.cght 26.1U0 Dollars, (e0A.
AS 20l') ut the rate OF two and one half per cent,
per MOI til from this date until paid provided the said
sum 81 thiriyslx thousal four hundred and forty.
eight 2h'iO Dollars S36 AS 250) ard the said He.
crurg Interest thereon be paid on or before the Ql0k
day OF February, 1885, and In the event the sam0 Il
not paid oil or before the day last Aforesaid the same
being the day which the interest, In case Of non.
payment becomes part Of the principal BY he terms
Of said note, then that the Of thiry-sx OnsanA
seven hundred and forty Dollars (o06 be.
Ing the amount that will be due upon said note o.
said 2st day Of February 1885, to bear and draw Ins
tertst from and aer the date last aforesaid at the
rote ~ two and one-half per cent. per month, the
amount OF such interest ut the expiration Of each
month thereafter, to wit on the 2Ist day Of each
month to be added to such principal sum, and there.
after such principal to bear the same interest," 10
said Plaintiff have and recover Of said Defendant
Reynolds, his costs and charges In this behalf ca.
pended taxed ne one hundred and seventy.t0uF 10.
loo Dollars (f1I4 lG,lo And Il Is further ordered
Defendant, w w. Reynolds, had on the 10Th day Of
January A. d. 1881, or at any time thereafter, In and
to the following described property, mortgaged By
said Defendant Reynolds to said Plaintiff 70 secure
tile payment OF said note, 10 wit:
An equal and undivided three.nfhs Of the South
Fork Canal, situate In the County and eats aioPe.
said, and constructed for the purpose Of conveying
the waters of the South Fork Of the American River,
and OF other streams intersected by the line Of aaM
Canal, to various localities In SAID County, 10 be oOd
Tor hydraulic, agricultural and gold mining puFpOoes
nnd more particularly drscrbed 40 follows; 70 VT
Commencing the South side Of the eaid South Fork
o. the American River, at dam erected AcFoos sad
stream near five miles above the mouth Of SILVER
Creek; running thence along the South bank Of OaiA
River to Reservoir, White Rock, Placervllle Coom
Hollow thence crossing Weber Creek near 70 the
Sacramento and Piacerv lie road and vicinity Incn.
ding Al works OF whatsoever Kind and dcscripaion,
btionEi and pertaining unto said Canal, together
with all and singular the heTedltaments aud appaEs
tsnAnces, ights and privileges thsreunto bOloHna.
or In any wise Sppertaningh
And furthermore, all the right title and Interest
which the said defendants, W. W. Reynold aud JOhA
Kirk both or either Of them, had on the lOih daS 81
October 4. ID. 1884, or at any time thereafter b an
to the following described property, mortgaeed ~
them to said Plaintiff for additional security Tor ONe
payment OF the note Aforesaid, and t9curs The pay1
ment Of the said sum Of Eight IIund DoIaTa, AZ.
oTneys Fees aud executed for the puTpOse Of ohAlAs
ing an extension Of time for the payment Of The nots
as the "Gold Hin Water Ditch" situated IN he oouns
~ OF III DOradO and State Of CALIFORNIA; cOmuanclna
At dam on H3nEtown Greek and ertendlne tAenes
with all works, humes rights, privileges and appnEte.
nances to the same In any manner BclOnglnRlt Be-
Ing understood that the interest Of said IaSS namsA
DEFENDANTS Reynolds aud Kirk 10 and 70 The proper.
y above set forth, amounts 10 an undivided Three
Fifths Of said "GOld HIl Water Ditch"
And Furthermore. all the right, title and Interest
said defendants, John Kirk aud Angellne Klrk, hla
wife, both or either Of them, had the 1bih day Of
October A. d. 1851 or at any time thereafter, On and
to the folio ing described property, mortgagvd b
hnn IN ntvNNtR f.. Al.
said Defendants Reynolds and John Kirk executed
the mortgage last before referred to, 70 Wit: n
following described Real Estate situated and lying "a
the town OF Pacerville In the county Aforesaid Ns
wit: All that parcel tract Of land lying upoN tAS
south side Of ColOma street In said town, known as
the lot upon which said defendants, Kirk and WIFE, q
present reside and use as . homestead, being ahoue
70" feet square, together with ell and singular The
tenenlents and build nRs thereon and the apDuEtas
nances thereto belOnRing:-
Be sold by the Sheriff Of this county 81 puhale aa
OF such sale, according TO Law, In the fOllOWtng n
ner, to-wit: The said Sheriff making the saIS. ~
nst oner Tor sale the morgaged property Ars ahsve
from the niOrtgagvd property second above ~ MIX
pro'rde0, an amount 10 bid for the property AEs1
above set forth sufficient to satisfy the iaasmsat
ABOVE entered and accruinR COSTS In which event,
the propety secondly and thirdly above Get IOTlA &
not to be offered for sale prOrtded, NsFtASp, thai
the said Sheriff. In Offering the said property aFsa
ABOVE set forth, shall not receive entertain any
or offer for the same which In amount 70 Ices thea
the aggregate amount Of the Judgment above enteFed
and accruing costs.
Ard In case no such bid or offer Of such aueana b
made Tor the property first above mentioned, thea n
that event, the nortgaged property 6Fst above ~
forth, in connection and together with the OFtRNs0a
property second above set FORTH Shal Be OOd q An
entirety and not separately; and In the event ths
sum bid and paid for the property lantly proViAeA .
be sold bS not sufficient to satisfy SAId 1udgmsnl aaA
accruing costs, then that the property thirdly NhevO
set forth be sold provided by law and the rooOoaa
thereof applied to the satisfaction OF any hAlaneN
that then remains unpaid upon said judgement and
accruiIg costs; aud II thereafter, and amer an he
above described property has been sold and the pga.
cetds applied To the foregoing Judgment a. ahoVe 90.
rtced, there should remain any portion Of uaeA
Judgment nnsatish, d. then It 10 ordered END deeFesd
that said Plaintiff have execution In his iaVoP 81
suth remainder against the property Of said DeleaA.
ant, W. w, Reynolds.
Judgment rendered February 1Ith, A. D. lisa
Therefore by virtue Of the above decree AHA order
Of SALE will expose public sA a C0aFs Hoass
in PlNcsrville, ON Monday the y ~ March, A.
1888, at IL O'Clock A. NJ, n Tile, inter-
est and claim Of the said W, yeAn Ekk
and Angelina Kirk his wife, Of - nFOnevNy
described in said decree or Of Il aAooeS.
ance with the conditions thereto U.
Il. BOGARnUN
Sheriff Of Fl Dorado County, CaA,
by w. J. RuRwuI. Under eAaglG
sheriR's once, Placcrvills. February 1ssA. A, .,