The weekly mountain Democrat. [volume] (Placerville, El Dorado County, Calif.) 1861-1862, 1861-05-25

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10y VIRTUE e esFllia
ID ere Rendered fHthg Ui(tf|1I CIR F. q IL
the ('oaaty q liuesg, 80 gi..9
UNITED gTATEs 81 Iuf91c ! =. = ~ s
CALIFORNIA. COUNTY o. tll4o 8 w
the District Court sfshs Kisg0a1E 1Hf1 '
trtrt,1w. X LET. 4 II a1EfaN.
~. II. &. HOUSE and J.. K.GAkkGtg Dtl
ants.
ORpgR ~ sALR. &c., X
The People Of the State q caiifSrufn.ts a. 800
Of " DOrAdo County, greeting ! Il ~
Whereas, W y. Lect, 4. II. ssxtai, q II. r111.
J. Levin and n. netrr, On the lstA day = sEllli
4. u 1861, recovered Su4Emsus egntupe ng. q,
| A. II. Saxt.n. II X lloyd. >. t.evtuan6 - p13fEpt
are plaintiffs md the sstd u. &. nanoe anf q. NJ.
Grcely are defendants, which ssi1 1o474, ~
recorded In the Judgment Bcos G Z. tss go ~.
tTirt Court, OH page W., ana which - - - Hs44l
and figures following, TO witt ~. 40
/ IL appearing, to the sHtisfactIaw ~ the Ceng1f
{ that personal service Of the Summons nld ct4ls
paint Nv this action WIS madg on y. 2. uedge ~
The It'll dag ~ April, 4. u. 1861, u this C6ascys
aud alec OH j. =. GiceIy. on the oth De- - AaEl.
iSfi, In said County and aIso aPpeestgRs p tkg
ratification ~ the COITt, that tbs drl11n - he
dcirndADt. was duly entered on the lea ~ e
April 4. u. 1861. and the cause huvIng thss ~
brrn brought 0n 10 lie heard npoI IL sp1Afeztds
taken confessed by defendautss ane upg8 aho
plant and Referees Tep0Tt from Whtsh q apgsaF1
that there due 10 plnigtifs, on the I'd ee4 ~
J"l!. lst1. the sun II tao 'thOIlsand tive huB4ffd
std .rtrHty six dullars. principal and tHteFevt 49,
cdhg 10 the terms Of tho same, at tie rate " I've
per rrbt. per month from the date u the oasse ~
the date of Judgment, OD the sum o. tW0 thUusapa
"itr Hundred and one dollars lS2, IOI OOl, making
due the -nm total Of two thOusand four hubdfed
aud seventy five ST-lOO dollnrs. Aud II further APP
ratIhg 10 The Court, from the note and mortgage
h' IL L L. Greedy, that there IL dtIe TO him fFOn
-ad defendant. II q. House. the sum Of four huls-
drrd dollars principal, and interest thereon ct the
rat" IL two aud one half per cent per month, fTUni
th" hTst day 81 March. A. u. 1851, mp 10 the este
"f Judgment, n,akng the sun total Of I've hundred
AID thliiy siN dollars. Aud It further appearing
that aid defendant Greedy holds n mortgage on .
portion NJ the premises described III the complaint,
10 wit: the mining claims situated ON Junction
liar, Big Bar Township, County 81 IL Dorado aud
! STATE "i Calfnria-Onc undivided fourth part ~
saId claims, known ~ the IIo'ISe, MeCuSirk =
Stewart Claims, lying bttwccn the claims Of All
| bot 60 aud House Co.'S claims together
with ID" t"plS aud nppuricnanrcs thereto belong
itg--snid hppurtcnnccs embracing The water dtt0k
leading from the Ok IIOw tuniml to said claims.
On nation 81 ". II Bullock, attorney for plain
tiii-, u - ordered. adimdgcd and drcTccd that IN
| and singular the mnrtgagcd premises mentioned
in plaintiff complaint and hereinafter described,
or much thrI,uf ~ may br sufficient TO pay the
amount due To plaintiffs and defendant, ]. y.
Greedy for the principal interest and costs ~ suit
aud expenses of sale, and which may DC sold sep
arairl! without injury to the part Interested be
sold at public auction by the Sheriff Of the County,
Whtf" san pfbptfty Is situated that said pale We
made III said county or cOniirn, and TO convey te
he purchasers all the right title and interest Og
defendant nc House. aud which hc had to the
property ia Placer (nIinty Un the I'D day Of Iuly
\ u lMD, aud the interest he had In the property
III III l'0radO County the 10Th day Of December,
\ ID 1889, and has sincc acquired that the SiIer-
1T give rutiir nutirc If pHr, according 10 the law
relative TO sale NJ real cstatc execution, and that
plaintiffs, or any Of the parties TO this suit, may
bc purchasers vt Said sHle. and that the sheriff,
after The time fer redemption has expired. cxecHis
gagged premises Oh said sale. And II 10 hiTtbeT or
dcrcd, admdRcd and dccTcrd, that the Said sheriff,
out of the proceeds of said sale, retain hls fees,
disburtrm' nts and commissions on said sale, aRA
pa! to the plaintiff. or his attorney, out Of said
proceeds his costs III this suit Ia Ned at ef1 HlOo,
aud in'rrr"t thereon at the rate 81 two pei esnt
per month, and next the amount due said detsnd
ant ~ Girrly, on his note for the amount Uf nt0
hundred and thrty.si d1lnrs, md Interest 1t The
rate OF two and one half per cent. per month, EFT
Of the proceeds Of the property an which he hOlas
u mortgage, hcrtnhcf0re dcrcT ibed aud next, tha
amount dn" ~ p.Hintihs, to Wit the sum Vf iuo
thOilsaild one hundred md tine dollars prineipal,
aud interest, amounting 10 Two thousand fur bup.
drcd and seventy five d7-lW dOlnrs, and interest
thereon, from the date 0f this decree, at the SAie
of two per cent per month, OF ~ ninrh ~ the pTv.
rrrdt "f the salr VIII pay. And that the SHERIFF
pay the amount due to J. !. Greedy TO ". H. BMl.
lock, plaintiff attorney, aud that the said sheriff
take receipts for the amount paid, aud return the
came 10 this Court with his report, aud that he
bring the surtns money arising from said ssis, u
ANY there bc, into Court, within five days after
Surh .Irp'us rhall have been received and eserf-
| tainrd. Ia abide the further order ~ this COuTt.
And 1t Il further ordered. nhjudgcd and deeTacd.
that tho defendants, and all persons claiming By,
nndrror through them, and I!ipcrsuus hnving lisns
subsequent To sAid mortgage, 10y Judgment OF de-
cree npo the premises described in snid mortgage,
aud his ar their personal representatives, aud all
pcr-1ns claiming under them, he forever barred
aud fIiccl1-cd 0fand from all equity Of redemption
and claim Of, III and to said mort gagged pHenipap,
and every part and parcel tlrI cof, from aud uteE
the delivery of 'aid sheriff. deed And II 10 fnr.
thcr ordered that the purchaser or purchasers Of
said nortgaged premises, froni tho time 81 sueh
sale until redemption, or, II thrre be no fedeNfp
tion, until the execution mud delivery Of the ehef.
iif's deed, aud ting redemption, from the time Of
his redemption until another redemption. shall be
entitled To receive from the tenant In posseeSion
the rents ~ the property sold, or the value Of the
use aud occupation thereof And II !: further ore
| drrcd, aGjudgrd and drcrccd, that the purchaser
or purchasers Of raid nortgngPd pi cmites, ct sueh
sale br let into possession thereof; and that ane
Of III parties to this calSe who may be In pceseas-
ion "f sdid promises, or any part thereby ana any
pcr-0n Wl1, since the commencement Of thio olits
has come into posscss'on under them, or either os
thcn deliver posses ion thereof to such purchaser
or purchasers "h production ~ the sheriff . deea
for raid prrInis"s. And II IL further ordered and
decree d. that If the moneys arising from the pNid
Salrs ,hnll h. insufficient Ia pny the amount due
plaintiff with interest. and costs md expetses 1t
| sale, as aforesaid, that tho Sheriff specify the
amount Of such deficiency In his repnrt Of said sale,
aud that, On the coming IN and cUnhrmatidn u aid
rrpnrt, the defendant, II. T.. House. who " Detfn-
nay liable for the pa; mcnt of the debt secured 81
said mortgage pay to plainti IT, the amoNmt ef II4k
Efficiency. with interest thereon ut the rate five
per cent. per month from the date 81 the lsstNgl-
toned report nnd that the PLAINTIFF have exeetf.
ton therefor The description and pAgfieulnF
bounds Of the property authorised 10 be sl11 uAsE
and by virtue of this decree, far Ne the eAnle enn
hc nsccrtainrd from the mort gage rrfeFreet3 -
the complaint hlcd, are ne fOllOws, 10 WtttsThe
follow ing described property, situated ~ tla 4es
tirs nf III Dorado aud Placer. on the Middbo FORK
Of the American NiNcr, the undivided one SeatthA
| part Of the mining ground situate on Suapsban
| Inr. known ~ the House, McCusck and Stewart
cain,s together with said undI Sidrd properties 81
all the machinery, mining tools, rights. pstgi.oes
aud appurtcnahccs c0nmc:rd thcTnw tth-- seie ne
ming ground being about three hundred ssft u
| length. nnd In width extending from bank "a bhnk
Of pnid American River Gu braring beth the vlvqs1
bed aud lar. lying between the nIIping erpands ef
All Pilot = Go. below and Of House = Co. sneyaA
above Also the ono undivided one. third para ~ Aw
OK Dow Tunnel, and the ono undivided ona-fenrtlh
| part Uf the Hume or water ditch cOnstruele4 ard
In use for the purpose Of conveying water, foE mia
ing purposes, frnn the mouth Of said iHnnel - A.
House, Mct'usick x Stewart claims. Alse, lhe
| building situate On American lar, 0eeupiea "
| IIo,lsr " Go. rs sao0n aud known e. hnoltst
SnuUn mud the lot Of ground on which the eAane IL
situated, including the furniture and Axtutes
| thereto belonging. Z SIftt
| Therefore, hy virtue Of the abnvo Decree nnA
Order VI sale, will cxposc Ia puzzle sale. ct the
.Iunci ion liar o the Middle Fork VI the AmeFisaa
River, IN the CuuntyOf III Dorado, and State asnes-
| said, IN = 80
Saturday, LIST day OF Juno, A. d. 1861
At 10 n'ruck 4. NJ all the right. title, Iateyvst
and claim Of the said II. G. House and ugsely,
Of In and to all If the property lying and bsipn ~
said County Of III Dorado as descTibed In eaad De :
cree and Order or Sale, In nccOrdalieO with tA4.
conditions therein described. " ~ 3yhEI
w.I BCRWEI.I.. Sheriff
II FL Dorado County, Cali
Ny q W. C0DDINuToN, Under therins
Sheriff. OHirr. Placcryiilc, ilr