The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1870-10-27

THE STATE OF KANSAS,
Leavenworth County.
In the District Court Of the first Judicial District Of
the State Of Kansas sitting in the county Of Leav-
enwOrth, in said State.
| Edmund A. W. Hunter, Plaintiff
against
John II; Day, George ": Ward.
| John A. Halderman, Charlotte a. n.
McAulay, Daniel Shire. Henry
| Shire. Jane Patterson, Mildred Pat I.
| terson, David 5. Burnett, Michael
o. Mara, William II. Ralston, Flora
| Tack, and Alexander v. \.
| Tack, Defendants.
| YOU, THE ABOVE NAMED JOHN H. DAY,
| i George W. Ward Jane Patterson, Mildred
Patterson and David s. Burnett, are hereby notified
that you, together with the other defendants above
| named, have been sued by the above named pla-
toned Court and that said plaintiff has in said Court
| filed his amended petition against you, and the
other defendants above named in the above entitled
action, and that you must answer said petition ON
or before the 9th day Of December 4. u. 1870, or
said petition will he taken true, and judgment will
he rendered accordingly Of the following nature, to
| said defendant, John II. Day, for much Of the
sum Of five thousand, nine hundred and eighty dol
lars with interest thereon at the rate Of thirty per
cent per annum from the sth day Of May, A. ID.
1860, shall not exceed the Of eight thousand
six hundred and eleven 2oIOO dollars tsS, Gil 2Ol,
with interest thereon at the rate Of ten per cent per
annum from the 18th day Of October, A. ID. 1861,
that Is such judgment will e rendered for said sum
Of eight thousand, six hundred and eleven 2O-lOO
interest thereon at rate
last aforesaid, from said 25th day Of October A. D.
1861, and for costs Of suit And that the following
described tracts Of land situate lying and heing in
namely: Lots fourteen uD, fifteen (iS), eighteen
u.s., nineteen (9 thirty-eight l3s,, thirty -nine
a9l, forty liO, forty-one t4), and forty-two i2,,
in block Ohe hundred and one (l01); lots seven
t7), eight (s), sixteen Q6,, seventeen 90, and
twenty seven t20, in block one hundred and two
tlo'); lots four Gl, five '', and six t6, in block
block hundred and seven 400, all in day 4
McAulay's addition to the city Of Leavenworth
lots seven Ga, and eight fsl, in block numbered
enworth; lots thirty (s0), thi.ty-one (sI, and
thirty-twO 1927, in block sixty-seven l67), Of the
original plat Of the city Of lsavenwSrth. be sold
for the satisfaction Of such judgment, and such
amount as the Court shall find due from said
John ~: Day, :" sas Pla,ni, on or h Seeauss o.
mentioned and the costs Of said action and that the
proceeds arising from such sale Thereof he applied to
the payment Of the costs Of said action and the
amount to he found due said plaintiff said note
mortgage deed and decree with interest such
amount from the time Of the rendition Of judgment
several defendants in said action and every one Of
them, including yourselves and every person claim
ing by. from, through or under any Of said defend
and any right and eqOty Of redemption and other
right whatever Of, ON, in or to said tracts Of land
and every Of them from and after such sale thereof
And that yOn and all Of said defendants and all
persons claiming from under you or them any
Of you or them, be ordered required and aijudged
~ deliver possession Of said tracts Of land to the
grantee grantees in every deed made in pursu-
ance of such sale, demand therefor shall
be made, unless the defendants in said action or
some one more Of them shall Pay or cause TO lie
paid u said plaintiff within short time Ia he
fxed by the Court, the amount Of such judgment,
thst is such sum OfmOney rs the Court shall lind in
this action to be due to said plaintiff from said John
H. Day and because Of the matters hereinafter
mentioned with interest thereon at the rate Of ten
per cent per annum from the time Of the rendition
Of judgment in said action.
said plaintiff claimed be due him from said John
H, Day, and he, said plaintiff, claims to have a
lien the above describd tracts Of land therefor,
aud right have the sold for the satisfaction
thereof on, under and because Of the matters and
things hereinafter stated, to-wit:
On the 5th day Of November, 1859, at Leaven-
worth City, said John II. Day made his Promissory
note i'm writing Of that date, and then delivered the
same to said plaintiff and thereby for value re-
ceived promised to pay at the ranking house Of
Scott Kerr Co., six months after the date there
Of to the order Of said plaintiff, five thousand,
nine hundred and eighty dollars is esc, with in
terc.t thereon the Of thirty per cent per an
mum after the maturity thereof until paid.
And on the sth day Of November, 1859, the said
John H. Day, 70, the purpose and in orsr to secure
sum u money and interest therein Specified made,
executed and delivered 70 said plaintiff his certain
mortgage deed Of that date and thereby conveyed to
s.id niaintf his heirs and assigns, the above de-
scribed tracts Of land with other lands,
And on the 18th day Of October, 1861. at the
CbctOfRr Term, A 1901, VI Di>ufCt NouIt
the United States for the District of Kansas, in
certain action then pending therein in equity,
wherein said Edmund A. W. Huntcr was plaintiff L
and said John II. Day and others were defendants,
on hill filed and prosecuted by said plaintiff for the
foreclosure Of aid mortgage decd, among other
things the said Court did then find that there vas
then due to said plaintiff from said John H. Day on
said note the sum Of eight thousand, six hundred
and eleven -iOO dollars (Ss Gil 20, and that said
plaintif then had lien by mortgage for the ray.
ment Of the the several tracts of land herein
above described.
And said court in said action then among other
things ordered, adjudged and decreed that all and
singular the several tracts Of land above described
10 raise the amount 50 found due from said John H.
Day to said plaintiff, be sold At public auction by
and under the direction Of the United States Mar
shall and that said Marshal should pay TO said
plaintiff; or his solicitor Of the proceeds Of such
ale the costs IN that suit to be taxed, and also the
amount 80 fcend due aforesaid, together with
legal interest thereon from the date Of said decree,
which said decree still remains in full force wholly
unsafk6ed. |
And you are also hereby further notified thst the
several ttraets Of land above dc>cribed have been
attached in this the above entitled action rs the
property Of said John II. Day, under and BY virtue
Of certain order Of attachment here4coFe issued ID
aid action and directed the Sheriff Of said county
TO execute who made such attachment By virtue
thereof.
dated this 18th day Of October, 1870.
CLOUGH WHEAT,
oct2s-iv Attorneys for Plaintiff.