The Nevada Democrat., 1860-11-08
Legal Notices.
C,TATE OF CALIFORNIA, County OF

- Ncyada So In District Court of the 14th Judi
cinl District OF said State. The People Of the state
of California to STEPHEN W. FOLSOM Greeting
You are hereby summoned to appear and answer
ID fine complaint of JOHN MADDEN, filed against
YOU within ten days from the service OF this writ IL
served ON you in this county, within twenty DAYS II
served on YOU in this District and out OF this county
and within forty davs if served on you in the State
and ont of this District in action commenced on
the 18th day of August A. D. 1860, u said Court. TO
obtain decree Of this Court for the foreclosure OF
certain mortgage, bearing date the 9th day OF le-
cember A. D. 1859 executed by the said defendant to
onc Hugh McMahoh and by him duly assigned to
hi. plaintiff and for the sale Of the premises therein,
andin said complaint particularly mentioned and de-
sctibed 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
co,nnlaint made and delivered to- said plaintiff by
the defendant bearing even date with said mortgage.
and thei eby 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 ol hVe
per cent per month till paid and if any deficiency
shall remain after applying all Of said moneys so ap-
plicable thereto then that plaintiff may have execu-
lion 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 ot thls
action NAV be barred and oreclOsed Of all right,
claim, lien and equity of redemption in and to the
said mortgaged premises any part thereof aud for
such other and further relief both in the premi-
ses as NAV be Just and equitable. And you are
hereby notified that if you fail to answer said com
plaint as 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 COM
plant.
In testimony whereof, John 5. Lambert, Clerk
(~-o0 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
yada, this l4th day August A. D. 1860.
JNO. 5. LAMBERT Clerk.
Per JOS ROBERTS Jr., Deputy.
Jno MAIDEN VS.. Stephen W. Folsom In District
Court of the l4th judicial District in and E 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 of action exists
in favor of plaintiff and against the defendant in re-
spect 10 whom the service is to be made. Therefore
ordered by the Court that publication be made in
the Nevada Democrat, a newspaper published in
the city and county of Nevada aud State of Calfor
mia weekly, for three months in succession once
each week notifying said defendant of this order by
publication of a copy Of the same and publication of
copy of the original summons issued in this case
for the time aforesaid.
NILES SEARIS, Dist. Judge.
Clerks Office of the District Court of the 14th Ju-
dical District in and for Nevada county.
l. John S. Lambert. Clerk Of said District Court do
hereby certify that the foregoing is a true copy OF
an order made and now on file in my Office
| (-Ao) Attest, my hand and seal of said Court
| ! seal. this l4th day of August A. D. 1860.
| W. JOHN 5 LAMBERT, Clerk.
Per Jos. ROBERTS Jr., Dep.
Francis J. Dunn, Atty for plaintiff 47-3m