The Nevada Democrat., 1860-10-13
CTATE OF CALIFORNIA, County of

- Nevada IS. In District Court OF the 14th Judi
cia District Of said State. The People of the State
Of California to STEPHEN W. FOLSOM Greeting
You are hereby summoned to appear and answer
! to the complaint of JOHN MADDEN filed against
YOU within ten days from the service of this writ If
served you in this county, within twenty days ii
served you in this District and out of this county
and within forty days il served you in the State
and out of this District, in action commenced TN
the 18th day OF August a. d. 1860 in said Court to
obtain decree Of this Court for the foreclosure of
a certain mortgage, bearing Gate the 5th day of De-
cember q. 1859, executed by the said deien dant to
one Hugh Mcmahon, and by him duly assigned To-
this plaintiff and for the sale Of the premises therein
! andn said complaint particularly mentioned and de-
| scrbed and the application of the moneys arising
from such sale for the payment Of the amount Aue
on a certain promssory note. set forth in said
complaint made and delivered to said plaintiff by
the defendant. bearing date with said mortgage
and thel eby intended to be secured to wit The sum
Of five hundred dollars, with interest thereon from
the 9th day of June A. u. 1860 at the rate of five
per cent per month till paid and if auy deficiency
shall remain after applying all of said moneys so ap-
pcabe thereto, then that plaintiff may have execu-
tion therefor against the said defendant also that
said defendant and all and every person claiming
through or under him, subsequently to the date OF
plaintiffs mortgage, and the commencement Of this
action may be barred and foreclosed of all right
claim lien and equity Of redemption in and to tht.
said mortgaged premises any part thereof and for
such other and further relief both in the premi
ses, as may be just and equitable. And you are.
hereby notified tlAt II you lhil 10 answer said
plant as herein directed, plaintiff will take judg-
inent against yOn therefor by default together with
all costs of suit and also demand Of the Court such
other relief as is prayed for in plaintiffs said COM
plaint.
In testimony whereof | John $. Lambert Clerk
(~A@) Of the District Court aforesaid do here
( seal. unto set my hand and impress the seal oi
(~-J the said Court at Office, in the City of Ne
yada, thsl4th day August, A. n. 1860.
JSO. 5. LAMBEkT, Clerk
Per Jos. ROBERTs Jr., Deputy
,Jno. MAIDEN vs.. Stephen W. Folsom. In District
Court of the l4th judicial District in and Nevada
county.
On motion by the plaintiff in open Court on the
14th day of August A. II. 1860, and il appearing to
dissatisfaction Of the Court that the defendant after
due search and diligence cannot be found within the
State of California and that a cause OF action exists
in favor of plaintiff and against the defendant in re-
spect to whom the service is to be made Therefore
ordered by the Court that publication be made in
the Nevada Democrat, newspaper published in
the city and county Of Nevada and State of Calfor-
nG weekly for three months in succession once
publication of copy of the same and publication Of
Icopy Of the original summons issued in this case
for the time Aforesaid.
NILES SElARLS, Ds't. Judge.
Clerks Office Of the District Court Of the l4th In
dcial District in and for Nevada county,
l. John $. lambert. Clerk of said District Court do
hereby certify that the foregoing is true copy of
an order made and now on file in my Office
(~o) Attest, my hand and seal of said Court
seal, this l4th day of August A.. D. 1860.
~ JOHN s LAMBERT Clerk.
Per Jos. RoRERTs Jr Dep
Francis J. Dunn, Atty for plaintiff. 47-3m