The Nevada Democrat., 1860-10-04
CTATE OF CALIFORNIA, County of


CTATE OF CALIFORNIA, County of
- Nevada, In District Court Of the 14th Judi
cal 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 ii
served you in this District and out of this county
and within forty days if served 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 9TH day Of De
cember 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 dne
on certain promissory note, set forth in said
complaint, made and delivered to said plaintiff by
the defendant bearing even date with said mortgage
and thereby intended to be secured to wit The
of Ave 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 so ap
picabe thereto, then that plaintiff may have execu
ton 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 forecosed of all right,
claim, lien and equity of redemption in and to the
said mortgaged premises, or 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 to answer said com
plaint as herein directed plaintiff will take iudg-
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
plant.
In testimony whereof John S. Lambert Clerk
(~o) of the District Court aforesaid, do here
: seal. unto set my hand and impress the seal of
(--) the said Court at office, in the City of Ne
vada, this 14th day August, A. d. 1860.
I CiarL
Per Jos. ROBERTS Jr., Deputy
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 A. D. 1860, and it appearing to
the satisfaction of the Court that the defendant after
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 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 CalifOr
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
icopy of the original summons issued in this case
for the time aforesaid.
NILES sEARLs, Dist Judge
Clerks Office of the District Court of the 14th Ju
dicial District in and for Nevada county.
l. John s. Lambert, Clerk of said District Court, do
hereby certify that the foregoing is true copy OF
49, Attest, my hand and seal of said Court
! seal. this 14th day of August, A. d. 1860.
~ JOHN 5. LAMBERT, Clerk.
Per JOS. ROBERTS Jr., Dep.
Francis ]. Dunn, Atty for plaintiff. 47-3m
TNSOLVENT TNOTICE.-District Court,
of the Fourteenth Judicial District of the State of
California, in the matter Of the petition ofJNO HET-
FINGER, an Insovent Debtor Pursuant to an order
of the Hon. Niles Sears, Judge OF the said District
Court Notice is hereby given to all the creditors OF
said Insovent, John Hertzinger, to be and appear
before the Hon. Niles Searls aforesaid in open Court
in ths City and County Of Nevada on the 20th day Of
October A. D. 1860 at 10 O'Clock A. NJ, of that day,
then and there to show cause if any they can why
the prayer of said lnsolvent should not be granted,
and an assignment of his estate be made and he be
discharged from his debts and liabilities, in pursu
OF the Statute in such made and provided
and in the meantime all proceedings against said in
solvent be stayed.
(-o) Witness my hand and the Seal of said
Ills. Court, this 18th day of Sept. A. D. 1850
l@-l JOHN S. LAMBERT, Clerk.
By Jos. NJ. LEyEY Dep.
T. P. Hawley, Atty for Petitioner, slow