The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1870-11-24

STATE OF KANSAS,
Leavenworfh County.
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. Haiderman, Charlotte A. n
McAulay, Daniel Shire, Henry
| Shire. jana Patterson, Mildred Pat
te3On, David ). Burnett Michael
o. Mara, William II. Ralston, Flora
| Tack, and Alexander v. A.
Tack, Defendants.
| VOU, THE ABOVE NAMED JOHN II. DAY.
i George w. Ward, jane Patterson. Mildred
Patterson and David 5. Burnett, hereby notified
that you together with the other defendants above
| named. have been sued by the above named plain
tin, Edmund \. W. Hunter, in the above mem
toned Court and that said plaintiff has in said Court
fled his amended petition against you, and the
other defendants above named in the above entitled
action, and that you must answer said petition on
said petition will be 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 n: Day. for 50 much Of the
lars with interest thereon at the Of thirty per
cent per annum from the Sth day of Nav A. u
1850 as shall not exceed the sum q eight thousand
ok hundred and eleven 20lOO dollars (3s, Gil 2O)
with interest thereon at the rate Of per per
! annum from the 25th day Of October, A. D. 1861,
that is such judgment will be rendered for said
Of eight thousand, six hundred and eleven " 100
dollars, u.s. Sl1 20l with interest thereon at the rate
last aforesaid. from said 25th day Of October A. D.
1851, and for costs Of suit, and that unless the
or more Of them shall paw or cause to be
paid to said plaintiff within some short time to he
fixed by the Court, the amount Of such Judgment.
this action to be due to said plaintiff from said John
H. Day on and because 0f the matters hereinafter
mentioned with interest thereon ut the rate Of
per cent per annum from the time Of the rendition
nj
described tracts OF Land situate lying and being
the County Of LeavenvOrth, and State Of Kansas,
ds esnsSm
49, forty (A0), fortyOne tAl), and forty-twO (l2).
in block one hundred and one Q0l); lots seven
Gl: eight !s), -. sixteen 90, seventeen %. and
(l02); lots four (&, five (5>. and six t6) in block
one hundred and three 1o3); lot seven "a, in
block one hundred and seven uo,l, all in Day 4
McAulay's addition to the city of Ieavenworth;
lots seven wen q, and sish. ~, in block
enwor'h; lots thirty t3o,, thirty-one lsil, and
original plat Of the city Of leavenwoFth, be sold
without redemption therefrom by the Sheriff Of said
county for the satisfaction Of such judgment and such
amount as the Court shall find due from said
John II. Day, to said plaintiff, or because Of
the note, mortgage deed and decree, hereinafter
mentioned and the costs Of said action and that the
proceeds arising from such sale Thereof be applied to
the payment Of the costs Of said action aud the
amount to he found due said plaintiff on said note
mortgage deed and decree with interest on such
amount from the time Of the rendition Of judgment
several defendants in said action and every one os
them, including yourselves and every person claim
ing by, froni through under any Of said defend
Il forever barred and foreclosed Of and from all
and any right and equity Of redemption and other
right whatever Of on, in tn said tracts Of land
and every Of them from and AFTER such sale thereof
and that you and all Of said defendants and all
persons claiming from or under you or them any
Of you or them, be ordered, required and adudged
to deliver possession Of said tracts Of Land TO the
grantee or grantees in every deed made in pursu-
ance Of such sale, soon demand therefor shall
b. made.
Which last mentioned amount Of money is by
said plaintiff claimed To be due him from said John
II, Day, and he, said plaintiff, claims Ia have
lien the above described tracts Of land therefor
and right TO have the sold for the satisfaction
thereof on, under and because Of the matters and
things hereinafter stated, to-wit:
On the Sth dsy Of November, 1889, at Ieaven-
worth City, said John II. Day made his promissory
same to said plaintiff and thereby for value re-
reved promised to pay ut the banking house OF
scott, Kerr Co., six months after the date there
nine hundred a and eighty SoiIars sse. with in
eres thereon at the rate Of thirty per cent per an
mum after the maturity thereof until paid.
Ioha H. Day. for the purpose and in order To secure
he paymentof the aforesaid promiSsOry note and the
um of money and interest therein specified, made,
Executed and delivered to said plaintiff his certain
aid plaintiff, his heirs and assigns. the above de
cribed tracts Of land with other lands,
And ON the 18th day Of October, 1861, at the
october Term, A. ID. 1861, Of the District Court of
he United States for the District of Kansas in
ertsin action then pending therein in equity,
y herein said Edmund A. w. Hunter plaintiff
nd said John ii. Day and Others were defendants.
N bill filed and prosecuted by said plaintiff for the
Dreclosure Of said mortgage deed, among other
hings the said Court did then find that there was
hen due To said plaintiff from said John II. Day
aid note tine sum Of eight thousand, six hundre,i
nd eleven 20i0o dollars les, Gil 20) and that said
'aintf then had lien by mortgage for the pay
Of the the several tracts If land herein
boye described.
And said court in said action then among other
hings ordered, adjudged and decrced tina; all and
inguar lis several tracts Of land above described
. raise the amount SO found due from said John H.
'ay 10 said plaintiff, be sold ut public auction by
nd under the direction of the United States Mar
hal, and that said Marshal should paw To said
he the costs that suit To be taxed, and also the
mount found due aforesaid, together with
gal interest thereon from the date Of said Decree
hch said decree still remains in full force wholly
nsat isied.
And Won are also hereby further notified that the
,yerai tracts of land above described have been
ltachesl in thi. the above entitled action the
roperty Of said John II. Day, under and by virtue
certain order OF attachment heretofore issued in
ais said action and directed to the Sheriff Of sail
,unty to execute, who made such attachment by
rtue thereof.
Dated this End day Of November 1870.
CLOUGH Il WHEAT,
nov2-4w Attorneys for Plaintiff.