The Leavenworth weekly times., 1873-11-13
LEGAL
STATE OF KANSAS, =.

/o0nty Oh Ieovenv0rtn,
In Tie District Court Of the Fit Judieial District
Of The State Of Kansas. sitting in the County
The Second National Bank of Isa's.-}
Frank N. Davis, Mary A. Davis,
Charles N. Davis, Thomas A. Davis,
George b Hines, David ". Eaves.
I. A. Aurd, Rebeeca E. Kennedy
Owen Duty, william ". Backus,
Daniel T. Svinburne, William Me-
Neill Cl0ugh, Lysander b. wheat,
Alexander A. Hisinbotham, John
Z. DOUGLASS, Clara L. Z. Dickinson, 1
C. W. Webster, Beno Negbaur, John
L. Thompson. 5. w. Kissel, Anna
Henely, C. b. Noble. washipeton
d. Kelly, James L Abernathy, Hen
rietta stuart Administrative Of the
estate:of Andrew stuart, deceased
Mary A. Davis. - administratrix Of
the estate Of James Davis, decea ed,
The Mutual Loan and Savings lnsti-
tuition OF LeAvenworth Kansas, The
Kansas Build ng and TrustCompsny,
The LeavenvOrth savings Bank,
Board Of County Commissioners Of
the County OF Leavenvorth, and
the City OF LeavenwOrth, Defendants.
You, the above named Frank N. DAVIS, Charles
NJ. Davis, Thomas A. Davis and Daniel +. Swim
burne, and each of you, are hereby notified, that
you, with the other defendants above named have
ond National Bank Of Lexvenworth, in the above
mentioned court, and that said plaintiff has filed
its petition in said court in the above entitled
tion a ,ainst you and the othsr defendants above
named, and that you must answer said petition
OF before the
Fourth Day Of December, A. ID. 1878,
or said petition will he taken as true, and judg-
ment rendered accordingly, OF the following ma
ture, to-wit judgment In favor OF said plaintiff
against the said Frank NJ Davis and Mary A. Davis.
for the amount which shall be found due from said
Mary A. Davis, As such Administrative. and said
Frank NJ. Davis, to said piaintifon the promissory
note and mortgage deed hereinafter msntiOned,
which note is dated Of the 7th day OF February
A. ID. 1872, and thereby the said James Davis,
siuce deceased, and I rank n. Davis, promised to
pay at the 2nd National Bank Of Lsavenv0rth,
one year after the date thereof, to the order Of
said plaintiff. the Of S1A W 95-lO0 with inter-
est thereon At the rate Of Il per cent. per annum
from the maturity Of said note until paid and that
If the interest WAS not paid punetaaily when due
il should become part Of the principal and bear
interest at the same rate; which mortgage deed il
dated Of the .th day Of February. A. b. 1872, and
deceased, and said Frank u. Dawn and Mary 4.
DAVIS, and thereby the said Mary A. Davis, Frank
VI. Davis, and James Davis, since deceased, for
NOTE moi and M the sum Of money and interest," therein n
specified and ten per cent. more than the amount
due and recoverable said note At the time pay
nent should be made or Judgment rendered In any
action that might be brought for any amount that
might be due and unpaid On said note, or by viz
Of any OF the provisions Of said mortgage, 70
enforce the same - fees and eompensatioa Of the
attorney OF attorneys Of said plaintiff or its as-
signs for services in such action, mOrtgAged and
conveyed to said plaintiff the following described
| tracts Of land situate, lying. and being in the
namely, blocks number four. i've and twelve,
aud lots number seven, eight. nine, ten, eleven
and twelve in block number thres. and lots nuEber
seven, eight, nine. ten, eleven and twelve, In
blocx number six, and lots number seven, eight,
nine, ten, eleven and twelve, in block num-
Der eleven. all in James Davis addition
quarter Of the southeast quarter Of section mum.
Der thirty five (S5, in township number eight (s,)
OF range number twenty-five t22lexeepting % much
thereof as is included in James Davis addition to
Leayenwcrth City, and excepting also the follow
ing described tracts in said mortgage said TO have
been thentoiOre conveyed, viz: BEGINNING forty
two and ss-1OO rods south Of the south corner
Of lot number seven q in block mum bsr ten no.
Of the Aforesaid addition; thence south nine and
l2.l00 rods; thence east eighteen rods; thercs
north nine and 12-lo0 rods; thence west eighteen
rods to the place Of beginning.
Also beginning ut the southwest corner Of lot
number four a. in block mum Der nine 49, II the
addition aforesaid thence south twenty-five (22)
rods; thence east one hundred and forty 1.-two (l42)
feet; thence north twenty-five (22) rods; thence
west one hundred aud forty-tvo (li2) feet to the
beginning.
Also beginning where the south line Of Mary
street intersscts the west line Of Eighth street,
thence south 10 deg. 2i min. east one hundred and
ninety y-eight ieet; thence south - deg. b min.
west one hundred and forty uio) feet thence north
l9,) feet to the south line of Mary street thence
north 70 deg. IS min. east, one hundred and
forty (l40j feet to the place Of beginning.
Also commencing at the southwest corner Of the
tract heretofore conveyed to Ed. Russell; thence
south one hundred and fifty seven (i57) feet to in
tersect the south liue Of Middle sIIeet extended
west; thence east to the northwest corner Of lot
number one H. in block number thirteen Q3l Of
Days subdivision Of Leavenworth City; thence
north along the east line 0fthe section to the south
east corner of said Russers tract; thence west to
the beginning.
Also commencing at the south line Of Middle
street at the northwest corner Of lot number one
~ in block number thirteen (l3, in the said
Day subdivision; thence west one hundred and
eighty Qsu) feet; thence south one hundred and
sixty t16O) feet; thence east one hundred and
eighty (Is0) feet; thence north one hundred and
sixty CI63l feet to the beginning.
Also two strips, one each side OF Broadway
each one hundred and hfty-four (i5l) lest vide;
commencing at the south line Of James Davis ad.
dilon aforesaid, and extending south thirty y-four
(34l rods; also excepting sixty (6o) feet by one
hundred and forty (l40) feet of land decided by
James Davis and his wife to DelOs ID COnstock
the eleventh day Of June, A. d. 1859;
And also al their right, title and interest in lot
number fifteen u5.) in block number forty four
a. in Leavenworth City proper, together with
the building thereon, and the even interest or
adjoining building. the said Frank N. Davis at the
time of the execution Of said mortgage being the
owner Of a certain leasehold estate and To said
lot 5l tor term of 20 years from the 18th day Of
owner Of the two story brick building on said lot
u5)
And Judgment against all the defendants in
said action that unless they some OF them, or
some person or persons shall and do within some
short time, to be fl Se1 by the court, pay cause
10 be- paid TO said plaintiff. the amount which shall
be found due said plaintiff, on and because Of said
note and mortase deed, thar the several aforesaid
tracts Of land ard said leasehold estate on and
the Aforesaid lot Is and said be sold with.
out redemption therefrom, and that the proceeds
ar sing from such sale thereof be applied TO the
payment Of such Judgment and the costs Of said
action, and such amount shall b. found due said
plaintiff on and because of the note, mortgage
deed and her matters aforesaid with interest
thereon at the rate Of tweive per cent. per annum
from the time Of the rendition Of such judgment,
and that the several defendants in said tion, and
every person claiming by, from or under them
or any o either of them, he forever barred and
foreclosed, of and fiom all and any right
and equity of redemption and other right
whatever Of, on, in or to tine several tracts Of
land and the building aforesaid from and after sui
sale thereof, and that said several defendants and
every of them and all persons claiming from or
under them, any or either Of them, be ordered,
required and adjudge1 to deliver possession Of
said several tracts of land and every Of them, and
said building, to the grantee grantees in every
deed made in pursuance Of such eale 50 soon as de-
mand therefor shall be made.
Dated this 22d day Of October, A. ID. 1873.
CLOUGH WHEAT,