The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1870-08-18
LEGAL NOTICES.


FOD1ncoe1oA NOa1ce.
! STATE or KANSAS,
LEAvENwoRTn COUNTY.
In the District Court q the First Judicial Dstre
Of the State Of Kansas, sitting in the County o
Leavenvorth, in ssid State.
Edmund A. W. Hunter, Plaintiff,
,sainss
John II. Day. George W. Ward.
McAulay, Daniel Shire, Henry Shire,
Jane Rsttenon, Mildred Patterson,
David 8. Burnett, Michael o. Mara,
William H. Ralstoa, Ylasa Tack and
Alexander v. A. TAX, Defendants.
i Ward, Jane Patterson, Mildred Patterson and
David :. Burnett ere hereby notified that you,
together with the other defendants above named,
Edmund 4. ". Hunter. in the above mentions
Court, and that said plaintiff has, in said Court,
filed his petition against you, and the other defend
aats shove named In the above entitled action and
that voc Must answer said petition or before thu
n day q september A. D., 1870, or said petition
win be taken rs true, and judgment will be rem
dersd accordingly Of the following nature, to-vit
defendant, John H. Day, for 80 much Of the sum
Of Ave thousand, nine hundred and eighty dollars,
With interest thereon At the rate Of thirty per cent
pr :Iss N. Iron u: ssh day q NAY A. ID. iss%,
hundred and eleven 20-1O0 dollars ~, 611 3D.
With interest thereon at the nate u ten per cent per
annum from the 18th day Of October, A. u. 1851
Of eight thousand, six hundred and eleven 2o-leo
dollars, 81 2o With interest thereon at the rate
lest aS6seMid, from sid 18th day Of October, A. D.
described tTaets Of land situate lying and being in
the county Of Leavenworth, and State Of Kansas,
namely: lots fourteen 1p, fifteen n5,, eighteen
gs si.s.ssn us,. ,hiI,y-eishi e. s thirty nine Mn
IN blork one hundred and one uOl>; lots seven
~, eight ~, sixteen Q6l, seventeen 90. and
twenty -seven GU, In block one hundred and two
(l02; lots four ta, i've (5,, and sig i6,, in block
one hundred and three tIG3); lot seven %, In
bloek ooe hundred and seven 900, all in Day 4
McAulay's addition to the city Of Leavenworth /;
seventy (e Of the origins. plat Of the city Of Leav-
enwosth. Lots thirty l3o,. thirty-one l5n, and
thirty-tuo (32l, in block sixty-seven t67, Of the
Without exemption sy the sheriff Of said county
for the satisfaction Il such Judgment, and such
amount the Court shall find due from
said John H. Day to said plaintiff on or because Of
mentioned and the costs Of said action and that the
proceeds arising from such sale thereof he applied 70
the payment Of the costs Of said action and the
mortgage deed and Decree with interest on such
amount from the time Of the rendition II Judgment
at the rate Of ten per cent. per annu and that the
shsm i"eiudine So"ncves ami every pers;u Claim
ing by, from, through under any Cf said defend
ants Sc forever barred and orecose Of and from all
and any right and equity of redemption and other
and every Of them from AMI after such sale
thereof
And that you and all Of said defendants and all
persons claiming from under you or them or any
Of you them, be ordered, required and adjudged
to deliver possession VI said tracts Of land TO the
grantee ~ grantees in every deed made in Pursa.
ance Of such sale, as demand therefor shall
be made, unless the descendants in said action or
some ono or more Of them shall pay or cause to he
paid 10 said plaintiff within short time to he
hxed by the Court, the amount Of such ju5gm,nt.
that Is such Of money the Court shall IN tins
action find 10 be due to said plaintiff from said John
H. Day on and because Of the matters hereinafteF
with interest thereon at the rate Of ten
per cent per annum frUn the time Of the rendition
VI Judgment in said scti0n.
Which Last mentioned amount u money Is by
said plaintiff claimed to be due him from said John
II. Day, and he, said plaintiff, claims To have
lien ON the above Described tracts Of land therefor
and right to have the same sold for the satisfaction
thereof On, under and because Of the matters and
things hereinafter stated to-xit: ,s-
worth City, said John II. Day made his promissOry
note in writing Of that date, and then delivered the
same TO said plaintiff and thereby for value
received promised TO pay at the banking house Of
Scott Kerr Co., six months after the date there
Of to the order Of said plaintiff, i've thousand,
nine hundred and eighty dollars IS, 500, With
aanum after the maturity thereof until paid.
And on the sth day Of November, 1859, the said
John H. Day, or the purpose and in order to secure
the payment ol The aiores:,d P!omlssoIy note and
executed and delivered to said plaintiff his certain
mortgage deed Of that date and thereby conveyed TO
said plaintiff, his heirs and assigns, the above
described tructs Of land with other lands.
And on the 18th day of October, 1861, at the
October Tem A. D.. 1861, Of the District Court Of
The United SsaAes for the District of Kansas, in
certain action then pending therein in equity where
in said Edmund A. W. Hunter was plaintiff and said
John II. Day and others were defendants, on bill
6led and pe1secuted by said plaintiff fyr the fore
closure Of said mortgage decd, among other things
he Court did then ind that there Vas then due To
aid plaintiff from said John II. Day said note
he suu 81 eight thouaand, six hundred and eleven
o-i0o dollars ~, 611 ~, and that said plaintiff
hen had . lien by mortgage for the payment 81
anne on the several tracts VI land herein above
lesefibed.
And ssid Court in aid action then among other
hings 0rdesed, adjudxed and deereel that all and
ngalar the several tracts Of land above described
10 raie The Gseaut % found due from said John II.
Day b MI q pablic auction by and under the
lirectisa of the Cnited States MAMMAL, and that
sid NaFshal should pay to said plaintiff, or his
olieitsg out u The Ps0cees Of such sale the costs
n that suit To be taxed, and also the snsount 80
band due . aSosesaid, together with legal interest
hereon from the date Of said decree, which said de-
ne still remains In full fosce wholly snsatis6ed.
And you are also hereby further notified that the
evefal tracts Of land above described have been
atached in this the above entitled action Is the
,ruperty Of said John II. Day, under and by virtue
certain order Of attachment heretofore issued in
aid seton anA directed the sheriff of said county
herroG
Dated this nth day II August, 1870.
CLOCGH 4 WHEAT, |
q E.rp 1asn