The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1870-11-10
LEGAL NOTICES.
PuhlicAliOsl NOtiee
STATE OF KANSAS, -

STATE OF KANSAS, -
Leavenwcr,h County
In the District Court Of the first Judicial District of
the state Of Kansas, sitting III the county OF Leav-
enworth, in said State.
Edmund \. W. Hunter, Plaintiff,
against
John II. Day, George W. Ward.
John \. Haldcrman, Charlotte A. y.
McAulay, Daniel shire, Henry
Shire. Jane Patterson, Mildred Pat
tcrSon, David :. Burnett, Michael
~ Mara. William H. lal>r",. FtTa
Tack, and Alexander V. \.
Tack Defendants.
NOT, THE ABOVE NAMED JOHN H. DAY
j George W. Ward, Jane Patterson. Mildred
Patterson and David :. Burnett, are herby notified
that vo,I together with the other defendants above
named, have been sued by the above named plain
riff, Edmund A. w. Hunter. in the above men
tnneS curt and that said plaintiff has In said Court.
filed hi, amended petition against YOU. and tl'a
other defendants above namely in the above entitled
action, and tina: YOU must answer said petition az
or before the 18TH day of Drcenber, A. u. 1870, "r
sail petition will he taken as true. and Judgment will
ir rendered accordingly Of the following nature. II
wit; \ Judgment favor of sail plaintiff against
said defendant, John H. iav. FIR much Of Tho
ii 1--WE thousand. nine hundred and eighty dol
lars with interest thereon the ri thirty per
cent. per annum from the Sth day OF May, n. u.
$500. rs shall not exceed the Of eight Thousand
six hundred and eleven 2ol00 dollars s., I'll ~.
with interest thereon at the rate Of ten per cent pr
annuu from the 18th day Il October. A. u. i>'i,
that such judgment Will be rendered icr SAIL sum
of eight thousand, six hundred and eleven 3o-ihu
dollars (Ss Gil 30 with interest thereon the
last aforesaid from said 18Th day Of October, 4, u.
iS6l, and for costs of suit, and that unle>~ TIE
defendants in said action or some oi,c
or more of them shall pay cause Z" D.
paid To- said plaintiff within some short time {" h.
liked bv the Court, the amount Of such judgment,
that is such OF money the Court shall tins. i"
this action he due 10 said plaintiff from said John
III. Day and because of the matters hereinafter
mentioned, with interest thereon At the rate at ten
per cent per annum from the time Of the rendition
ii judgment in said action. the f,'owiH-
described tracts Of land situate lying and being ~
the County of Leavenworth, and state of kan>sS.
namely Lots fourteen ~, fifteen (fjl, eighteen
u.s. nineteen (i9l, thriy-eight l:;Si, thrtv-niu"
t:,9, frty i0) forty-oue an and for,ytw" ti3',
in block one hundred and one tloil; lots seven
t1), eight ~. sixteen tl6l, seventeen 90, ant
twenty->eyen ca, in block one hundred and iv"
t0l) lots four ~, tive til, and SIN toy, III ht"k
one hundred and three t10;'l; lot seven "a. ~
block one hundred and seven (loll, all in Day \
McAulay's addition Ia the city Of Leaveaworth.
lots az, and eight tSi ~ block
seventy tIo al the original plat Of the city =" Lea,-
cnw"rth; lots thirty t3o,, thirty one til, an'I
thirty-rwo t;s,) in block >iNtyssycn t61i, of IT,"
original plat of the city of LsaNcnw"rth, be- >"li
without redemption ther.rom by the Sheriff ot >ad
county for the satisfaction of such Judgment and >t,h
amount Il the Court shall find due from said
John II. lay, To said plaintiff, on or because "t
the note. mortgage deed and deere, hereinafter
ent toned and the costs of said action, and that thu
proceeds arising from such sale Thereof b. applied IT,
the payment Of the costs Of said action and the
amount To- he found due said plaintiff on said mote.
mortgage deed and decree with interest such
amount from the time of the rendition of judgment
Mt the of ten per cent per annunI, and that tn"
several defendants in said artion and every 1T
them including yourselves and every person claim
ing by from, through ar under any Of said defend
ants be- forever barred AMI f"reclu>ed "f In frn oil
and any right and equity ot redemption ami other
right whatever of, on. In IA said tracts Of land
and every Of them from AMI after such sale Thereof
and thai you and all of said defendants and all
person, clainin. from under yau or them any
~ YOU or them ", ordered required aui 1ljurlCci
deliver possession If said tracts of iand g. thu
grantee or grantees in every deed ma'e in pUr>u
"f such sale, >"on rs demand Therefor shall
be made.
which last mentioned amount Of money j. ~
sIid plaintiff claimed To h. due him from sail John
"a, Day. and h., said plaintiff claims {" have 20
lien on The above Described tracts 1T land therefor
and right have the sold tor the Satisfaction
thereof under and because of the matt ~ ant
things hereinafter stated, to-wit:
ON tn. 9Th day of November, 1853, at isHvru-
worth City, said John ~. Day made his pruuijs-'ry
in writing Of that date and then delivered th"
same ,o said plaintiff and thereby for value ry-
ccivei Promised to pay at the banking h"';>'' 81
Scott krrr 60, six months after the late thor
81 Ia the order of said plaintiff tive Thousand
nine hundred and eighty dollars -, 9>u, with IN
tere>i thereon ut the rate of thirty per cent pei an
mum after the maturity thereof until paii.
And On the sth day If November 1889, the >Iid
the payment Of the aforesaid prcnissory note and Tho
sum Of money ami interest therein specified, made
executed AMI delivered tn said plaintiff his certain
deed ui that date and thereby conveyed O"
>IiI paintti his heirs and assigns, the ahuN" do
s..riI,d tracts of land with other lands,
And the 18th diy of October, 1N6l, al tho
u, tobeT Term, \. H. lS61 of the District Court ct
tn. nits,i states for the District of Kansas, ia
certain action then pending therein in equity
wherein said Edmund a. W. Hunter was plaintiff
and >,il John u. Day and Others were defendant,
on hill filed and prosecuted by SAID pliintiu i"r Tho
Foreclosure, of said mortgage deed, anon" Other
thing. the said Court did then find that th"rt' W.;
then due To said plaintiff from sail John II. Day
said note IN. sum of eight thousand, six huu'ir-t
anil eleven % ieo dollars IS 81 20i and th2' ~tii
plaintiff then hal lien by mortgage for Oh" pay
ncnt uf the the several TRAITS "i land hrrci1
above described.
And sliI court in >tid action then among ''thsr
thing. ordered aduised and dc,Tccl that all Jrd
singular the several tracts of lIni ah1vc described
IT, ri>.. tn, found due from said John ~
pav to sail plaintiff, I've SOLD ut public auction 10y
ami un.icr IN" direction OF the United States Mar
shall, and that sail Marshal should pay &" -Ji'l
plaintiff his solicitor cut Of the proceeds ~ such
sale the costs that suit to- hc taxed, and al~ To
amount found due aioregtIt, together .rth
LEGAL interest thereon from the dat" "l Sad ''"rf'
which slid decree still remains ia fui force whrN
ulIsatisfC,l.
AMI y"u are ALL, hereby further notified thIt the
several tracts of Land above described have t"',
attached in this the above entitled action thu.
property Of said John II. Day. un Ter and hy virtue
of certain order oi attachment heretofore issued ia
this said action and directed To the Sheriff at >i'
county To- execute, vh" made such ttachmcnt hy
virtue thereof.
Dated this md day Of November $50.
CfDTGU a WHEAT
nnv2-iw ATTORNEY Tor Plaintiff