The Nevada Democrat., 1860-10-09

- Nevada, SIS. In District Court OF the 14h Judi
cal District of said State The People of the State
of California toSTEPHEN 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 II
served on you in this county, within twenty days if
served you in this District and out of this county
and within forty days II 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 1859, executed by the said delen dant 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-
scrbed, and the application of the moneys arising
from such sale for the payment OF the amount due
on n certain prOmissory note set forth in said
compIaint 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 five hundred dollars with interest thereon from
the 5th day Of June \. ~ 1860 at the rate of five
per cent per month till paid and if any deficiency
shall remain after applying all Of said ap
plcabe thereto, then that plaintiff NAV have execu
tion 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 morgaged premises, any part thereof and for
such other and further relief both in the prcul
ses, may be just aud equitable And you
nereDy tiidt II you ldll 10 answer salu com
plant 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
paint
In testimony whereof | John s. Lambert Clerk
(~-) 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 18th 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 for Nevada
county.
On motion by the plaintiff in open Court on the
14th dav of August 4. D. 1860, ami il 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 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
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 I4th Ju-
dicial District in and for Nevada county.
l. John :. 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.
(-o) Attest my hand and seal of said Court
: SEAL this Nth day Of August A. d. 1860
~ JOHN 5 LAMBERT, Clerk.
Per Jos. ROBERTS Jr. Dep
Francis J. Dunn, Atty for plaintiff. 47-3m