The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1870-11-03
LEGAL NOTICES.
Public1tiOm Notice.
THE STATE OF KANSAS, ! 9

THE STATE OF KANSAS, (su
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 W. Ward,
John 4. Halderman, Charlotte An.
McAuiay, Daniel Shire, Henry
Shire. Jane Patterson, Mildred Pat
terson, David :. Burnett, Michael
~ Mara, William ii. Rals,on Flora
Tack, and Alexander V. A.
Tack, Defendants.
VOU, THE ABOVE NAMED JOHN III. DAY.
Il George W. Ward, Jane Patterson, Mildred
Patterson and David $ Burnett are hereby notifies,
that you, together with the other defendants above
named, have been sued by the above named pai-
ntih, Edmund a. W. Hunter, in the above
toned Court and that said paintihas 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
or before the 9TH day of December, A. u. 1870,
said petition will he taken true, and judgment will
be rendered accordingly of the following nature, to
wit: "A judgment in favor Of said plaintiff against
said defendant, John ii. Day, for much of the
sum of i've 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, 4. ID.
1850, shall not exceed the Of eight thousand
six hundred and eleven 2o-lo0 dollars Us, GIL 2ol,
with interest thereon at the rate of ten per cent per
annum from the 18th day Of October, A. u. 1851,
that is such Judgment will be rendered for said
Of eight thousand, six hundred and eleven 20-Io0
dollars, tSs Gil 2O) with interest thereon the
last aforesaid from said 25th day of October. \, II.
1861, and for costs of suit And that the following
described tracts of land situate lying and being in
the County of Leavenworth, and State of Kansas,
namely: Lots fourteen uii, fifteen u5), eighteen
tiSl, nineteen (l9) thirty Eight (5Sl thiriyninc
(39b, forty (NI. forty-one il), and forty-two Ci2.
in block ohe hundred AMI one uoll; lots seven
(0, eight tS), sixteen (f6(, seventeen 90, ami
twenty seven (27l, in block one hundred and two
(lo2); lots four (, five ~, and six 10y, in block
one hundred and three Q0sl; lot seven t7l, in
block one hundred and seven 600, all in day n
McAulay's addition To the city Of Leavenworth;
lots seven l.), and eight Isl, in block numbered
seventy (.o of the original plat Of the city Of Leav
,hirty-two (52), in block sixty-scven )6s), Of the
original plat of the city of Lcavenworth. he Soli
without redemption by the Sheriff Of said county
for the satisfaction of such Judgment, and such
amount Is the Court shall find due froni said
John H. Day, To said plaintiff, on or because ct
the note, mortgage deed and decree hereinafter
mentioned and the costs of said action AMI that the
proceeds arising from such sale rherof he aPple, To
the payment of the costs of said action and the
amount To he found due said plaintiff on said Note,
mortgage deed and decree with interest ON St.h
amount from the time of the rendition OF Judgment
ut the rate of ten per cent per annum and that The
several defendants in said action and every enc of
them, including yourselves and every person Caiul
ing by from, through under any of said defend.
ants he forever barred and orecOsed of and from all
and any right and equity of redemption and other
right whatever Of on. in or said tracts of land
and every of them from and after such sale thereof
And that Won and all Of said defendants and all
persons claiming from under YOU them any
deliver possession II said tracts of land To the
grantee grantees in every deed made in puTSu-
ancc of such sale. demand therefor shall
be made, unless the defendants in said action
some one or of them shall pay To be
paid Ia said plaintiff within some short time ." he
Il xed by the Court, the amount of such Judgment,
that is such ofmoney as the Court shall find in
this action to he due To said plaintiff from SAID John
ii. Day and because of the matters hereinafter
with interest thereon at the rate of ten
per cent per annum from the time OF the rendition
If Judgment in said action.
Which last mentioned amount of money is by
said plaintiff claimed to be due him from said John
H. Day, and he, said plaintiff, claims 10 havea
lien the above described tracts of land therefor,
and a right have the sold for the satisfaction
thereof on, under and because of the matters AMI
things hereinafter stated, to-wit:
On the 5th day of November, 1859, at Leavcn-
worth City. said John III. Day made his promiS>"ry
note in writing of that date and then delivered the
same to said plaintiff and thereby for value re
reived promised To pay ut the banking house of
scott Kerr Il Co., six months after the date there
IT. to the order of said plaintiff five Thousand,
nine hundred and eighty dollars $50, with in
erest thereon at the rate Of thirty per cent per an
mum after the maturity thereof until paid.
And on the Sth day of November 1883, IN" Sari
John ii. Day. for the purpose and in order To secure
he payment Of the aforesaid promissory note and
,m Of money AMI interest therein specified, made,
Executed and delivered To said plaintiff his certain
mortgage deed Of that date and thereby conveyed To
siid plaintiff his heirs and assigns the above dc
,crbed tracts of land with other lands,
And the 18th day of October, 1861, at the
October Term, A. ID, 1S61, of the District Court of
he United States for the District of Kansas, in
certain action then pending therein in equity,
n herein said Edmund A. W. Hunter WIS plaintiff
md said John ii. Day and Others were defendants,
bill filed and prosecuted by sad plaintiff for the
hins> the said Court did then find that there was
hen due to said plaintiff from said John ii. Day
aid note the sum of eight thousand, six hundred
ola Jn-I ~ nj hat SIiI