The Nevada journal., 1860-09-21

State of California, County of Nevada, District
Court of the 18th Judicial District of said
State The people of the State of California to
ARTHUR Vi. HENRY, greeting
NOU ARE HEREBY SUMMONED TO
i appear and answer to the complaint of John
Huston filed against you, within ten DAYS from
the service of this writ, if served on you in this
county, within twenty days if served on you in
this district and out Of this county, and within
forty days if served on You in this State and ont
of this district, in an action commenced on the 2Sth
dav of August \. u. 1860, in said Court to obtain
i decree of this Court for the foreclosure of
tain mortgage, bearing date the 18th day of April
A. d. 1859 executed by said defendant to plaintiff
and for the sale of the premises therein, and in
said complaint particularly mentioned and descrb-
ed, and the application of the moneys arising
from such sale to the payment of the amount due
a certain promissory note set forth in said com
plant, made and delivered to said plaintiff BY the
defendant bearing even date with said mortgage
and thereby intended to be secured, to- wit: The
sum of $4,000 with interest thereon from the
18th day of April A. D. 1859 at the rate of 24 per
cent per month till paid, less the sum of 800 paid
May 5th 1860, and the sum of S S. paid May 2lst
1860 and if any deficiency shall remain ;utcr APP
plying all of said moneys, properly 50 applicable
thereto, then that plaintiff NAV have execution
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 the said mortga9ed premises, or any part there
of, and for such other aud further relief, both
in the premises may seem just and equitable.
And you are hereby notified that if you fail to
answer said complaint, as herein directed, plain
tilt will take judgment against you therefor by de
fault, together with all costs of suit, and also dc
nl:ind of the Court such other relief is prayed
for in plaintiffs said complaint.
In testimony whereof |, JOHN :. S.LAMBERT,
Clerk of the District Court aforesaid Go
hcreunto set my hand and Impress the seal of
L. S. said Court, at Office. in Nevada City, this
2Sth day of August A. n. 1850.
JOHN 5. LAMBERT, Clerk.
BY JOE. ROBERTS, .JR., Dep.
State Of California, County of Nevada IS. In the
District Court, 18th District
1t appearing TO my satisfaction thst the deft is
a necessary party to the action, that he is now a
resident of this State and conceals himself to avoid
service of summons. 1t is hereby ordered that
service of summons herein be had by publication,
in the NEVADA JOURNAL, a newspaper published
in the town of Nevada, CoanIy of Nevada afore-
said once a week for four successive weeks.
Given under my hand this the 2sth day of Aug.
a. d. lsi0. NILES SEARLS, Dist. Judge.
Clerks Office of the District Court of the I4th
Judicial District in and for the County and
State aforesaid,
/, John S. Lambert, Clerk OF said Court, do
hereby certify the foregoing to be true copy Of
summons and order in above cause, the same
now remains on file in my Office.
Attest my hand and Seal of said Court at Office
L. this 2Sth day Of August, A. u. 1900.
JOHN 5. LAMBERT, Clerk.
By JOE ROBERTS, IE., Dep.
Hill Hupp Attys for plI. aug3l 4w