The Nevada Democrat., 1860-10-23
J. I. Caldwell, Pras Attorney.
CTATE of CALIFORNIA, County of

-
- Nevada, IS. In District Court OF the 14th Jud-
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 it
served on you in this county within twenty days if
served you in this District and out of this county
and within forty days if served you in the State
and out Ofths 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
cember A. D. 1889 executed by the said delenda 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-
scribnd 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 apd delivered to said plaintiff by
the defendant. bearing evsn date with said mortgage
and thel eby intended to be secured to wit The sum
of Ave hundred dollars, with interest thereon from
the 9th day of June A. D. 1860 at the rate of five
per cent per month tin paid and il any deficiency
shall rcnan after applying all of said MONEYS so APP
picable thereto, then that plaintiff may have execu-
tion therefor against the said defendant; Also that
said defendant and all and every person claiming
through 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 or both in the premi
SOS, as may be just and equitable. And YOU Are
hereby notified that if you fail to answer said com
plant as herein directed plaintiff will take iu,s-
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
plaint.
In testimony whereof, John s. Lambert. Clerk
(~A@) of the District Court aforesaid do here
seal. unto set my hand and impress the seal of
WI the saiG Court at Office, in the City of Ne
vada, this I4th day August, A. d. 1880.
JNO. s LAMBERT, Clerk.
Per JOS RoRERrs Jr., Deputy.
Jno. MAIDEN VS.. Stephen W. Folsom In District
Court of the l4th Judicial District, in and fer Nevada
county.
On motion by the plaintiG in open Court on the
l4th day Of August A. n. 1S60 and it appearing to
the satisfaction Of the Court that the defendant after
due search and.dgence 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, a 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
a kcopy of the original summons issued in this case
for the time aforesaid.
NILES SEARIS, Dist. Judge.
Clerks Office of the District Court of the l4th 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
an order made and now on file in my Office
~ Attest, my hand and seal of said Court
seal. this l4th day of August, A. D. 1850.
WI JOHN $ LAMBERT, Clerk.
Per Jos. RoBRRJs Jr., hep.
Francis J. Dunn, Atty for plaintiff. 47-9m