The Leavenworth weekly times., 1873-11-13
LEGAL.
STATE OF KANSAS, \
COUNrY OF LEAvExwokrH. -

COUNTY OF LkAvkxwoirH.
In the District Court Of the First Judicial Di.,,;c.
Sfthe Ssate Of Kansas. sitting in said County Of
John W. spnslsy. Plaintiff.
Se9,sn,s Sss9es u = Asss; oss:;. hS::,,. Sss n Als
Clinton Cockrin. samuel Cochran, George
NJ. Btttmann and Orrin B. Tavlos |
Reiendants. l
V0u. the above named Mary E. Ogden, are
i hereoy notified that you, With the Other de-.
fendants above named, have been sue,i bv The
above named plaintiff, John w. snr.,lsv IN ,hs
above mentioned court, and that said plaintiff has
tied action against You and the other defendsnts
above named. and that ycr must ans Yer !. h ra,,
tion on or before the fouiIn day Of December, A.
ID. 1873, or said petition viii be taken As true AMI
Judgment rendered accordingly of the folIoviny
nature, to-wit: Judgment in favor OF aid pl,in
till against the above named Benjamin =. Ak.n
for the amount which shall be found due from said
Benjamin F. Akers to said plaintiff, on the prom.
issoTy note, mortgage deed and written iu,trument
hereinafter mentioned, which note is dated of the
sd day Of September, A. d. 1872 and thereby the
said Benjamin F. Akers promised to pay one year
after the date thereof to the order Of Clinton Geek
riil the sum Of five Thousand and i've hundred
per cent. per annum from the date Of said note
till paid, and IL the interest vas not punctua,ly
paid when due il should become part Of the prin-
cipai and hear interest at the same rate; shieh
Der, A. ID. 1872. and vas made and executed by
said Benjamin +. AKeis and Rosetta NJ AKers his
vile, and thereby the said BENJAMIN +. Akers and
Rosetta N. AKers, for the purpose of and 10
secure the payment Of said note and the sum
Of money and Interest therein specified. and
ten per cent. more than the amount due
and recoverable on said note at the time PAYMENT
should be made or judgment rendered in any ac-
ton that might be brought for any amount thar
might be due and unpaid on said note or by virtue
Of any Of the provisions of said mortgage or to en-
force the same fees and Of the at
torney attorneys Of said Clinton Cockril or his
assigns for services in such action, mortgagel and
conveyed to said Clinton COcKril and his sssiyns
the two-story brick building situate on lots num-
ber fifteen l5) and sixteen (i6), in block number
eighteen usl, in the original plat of the City Of
Leavenworth, with all the improvements and an
purtenances thereuniO belonging, and all their
then lease-hold estate in said lots which is set
forth in that certain written instrument dated Of
the ninth day OF October, A. ID. lsS., mentioned
aud described in the petition in said action in and
by which last mentioned written instrument said
plaintiff, among other things, leased said lots to
said Benlamin r. Akers on certain terms and con-
ditiOns therein specified, and i've hundred dollars
with interest thereOa at the rate Of seven
per cent. per annum, follows: On $1,000
thereof from the 9Th day of October, A. d. 1872;
on another $1,000 thereof from the 9Th day Of
January, A. u. 1873; on another SIoO.e0 thereof
from the 9th day Of April, A. ID. 1873; on another
$1,000 thereof from the 9Th day Of July, A. d. 1873
of Octebe-, A. ID. 1873, Is due and unpa on said
written instrument from sad Benjamin +. AKers
to said plaintiff, as rent for the use OF said lots
which said note was by said Clinton COrKrll long
since indorsed and assigned to said plaintiff and
| said CocKrill has also assigned said mortgage to
said plaintiff, and judgment against all Of the de-
PENDANTS in said action; that unless they Of
them, some person persons shall and do with
in some short time, TO be liked by the court pay
cause to be paid to eaid plaintiff the amount which
shall lie found due said plaintiff on and because OF
| the note, mortgage deed, written instrument and
| other matters above mentioned. that the mort
gagged property above mentioned, be sold, without
| redemption therefrom without impairing the
rights Of said plainthlunder and by virtue Of the
above mentioned written instrument, dated Of the
9th day OfOct0ber, A. ID. 1867, and subject there
proceeds arising from such sale thereof be applied
To the payment of such judgment and the costs OF
sad action, and such amount shall be found due
| said plaintiff on and because Of the note, mort.
gage deed uritten' instrument and other matters
Aforesaid, with interest thereon at the rate o:
twelve per cent. per annum from the time Of the
rendition Of such Judgment;
And that the several defendants in said action,
and every person claiming by, from or under
them or any or either OF them, he forever barred
and forecOsed of and from all and any right and
on. in or to the mortgased property aforesaid from
and after such sale thereof, and that said several
defendants, and every one Of them, and all per-
sons claiming from under them, or any or either
Of them, be ordered, required and adjudged to de-
liver possession of said mortgaged property, to the
grantee or grantees in every deed made in pursu.
ance of such sale, soon demand therefor shall
be made.
Dated this 22d day of October, A. d 1873.
CLOUGH 4 WHEAT,
oct22wiw Attorneys for Plaintiff.
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