The Nevada Democrat., 1860-10-27

CTATE OF CALIFORNIA, County of
- Nevada, IS. In District Court of the l4th Judi
cial 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 on you in this county, within twenty days
served You in this District and out Of this county
and within forty days if served on you in the State
and out of this District in an action commenced on
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 date the 5th day of De-
cenber A. D. 1882 executed by the said defendant to
one Hugh McMahOn and by him duly assigned to
this plaintiff and for the sale OF the premises therein
andin said complaint particularly mentioned and de-
scribed, and the application of the moneys arising
from such sale for the payment of the amount due
on a certain prOmissory note set forth in said
complaint, made and delivered to said plainIif by
the defendant bearing even date with said mortgage
and thereby intended TO be secured to wit The sum
Of five hundred dollars with interest thereon from
the 5th day of June A. D. 1860, at the rate Of five
per cent per month till paid and If any deficiency
shall remain after applying all of said moneys ap.
plicable thereto, then that plaintiff may have execu
ton therefor against the said defendant also, that
said defendant and all and every person claiming
through OF 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 the
said mortgaged premises, any part thereof and for
such other and further relief both in the prem-
ses as may be Just and equitable And you are
hereby notified that if you fail 10 answer said com
plant herein directed plaintiff will take judg-
ment against you 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
Plaint-
In testimony whereof John s. Lambert Clerk
~ of the District Court aforesaid do here.
I seal. unto set ny hand and impress the seal Of
l-~( the said Court at Office, ia the City of Ne
vada, this 18th day August A. n. 1860.
JNO. S. LAMBERT, Clerk.
Per Jos. ROBERTS Jr., Depaty
Jno. MAIDEN vs. Stephen w. Folsom. In District
Court Of the 14th Judicial District in and for Nevada
county.
On motion by the plaintiff in open Court, on the
14th day of August D. 1850, and It appearing to
due search and diligence cannot be found within the
State Of California and that cause of action exists
In favor of plaintiff and against the defendant in
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
MIA weekly, for three months in succession once
each week, notifying said defendant of this order by
publication of copy Of the same and publication Of
tcopy of the original summons issued ia this case
for the time aforesaid.
NILES SEARIS, Dist Judge.
Clerks Office of the District Court Of the 14th Ju-
dicial District in and for Nevada county.
J. John s. Lambert Clerk of said District Court do
hereby certify that the foregoing is true copy Of
an order made and now on 6le IN my Office.
(~-l Attest, my hand and seal of said Court
( seal. this 18th day of August, 4. D. 1850
l-~J JOHN 5 LAMBERT, Clerk.
Per JOS. ROBERTS Jr., Dep.
Francis J. Dunn, Atty for plaintiff. 47-3m