The Leavenworth weekly times., 1873-11-06
LEGAL
STATE OF KANSAS, l.
County Of Leavenvorth.

STATE OF KANSAS, l.
County Of Loavenw0rth,
In the District Court of,hs Flint Judicial District
OF the state Of Kansas. sitting In The County |
Of Lsavenworth.
The .osss' ssso'f fsI.s,s S,s'Sr'l Bank of I'.'ea
Frank NJ: Davis, Mary A. Davis. l
Charles N. Davis, Thomas A. Davis,
George r. Hines, David W. EAves,
I. A. hurd, kebecca &. Kenned,.
Owen Duffy, William ". Bsckus,
Daniel +. Swinburne, william Nc
Neill Cl0ugh, Ly sander B. Wheat,
Alexander A. Hgin nbotham, John
Z. Douglass, Clara L. u. Dickinson,
C. W. Webster, Beno Negbaur, John
l. Thompson, 5. W. Kissel, Anna
Henely, c. Z. Noble, Washington
D. Kelly, James l. Abemathy, Hem
rieita stuart Adminis,ratrix Of the
estate,of Andrew stuart, deceased;
Mary A. Davis, adm n'strzfrix Of
the estate of James Davis, decea ed,
The NJ .tual Loan and Savings ln-ti-
tution OF Leavenworth Kansas, The
Kansas Bald ns and Trust stComp.n.,
The Leav"nxorth SAVINGS Bank,
Bard of County Commissioner OF
the County OF LeAvenvorth, and
the City o. Leaven worth, DefepdAnts
You, the above named Frank " Dav.s, c. aries
N. Davis, ihomss A. Davis and Daniel r. SWIM
you. with the other defendants above named have
been sued by the ABOVE namef plaintiff, The Sec
oud Natl. na' Bank Of Leavenxor in the above
men,icned court, and It At said plaintiff has alsd
tou a. ainst you and the oth.r defer dants above
named, and that you must answer said petition on
OF before the
Fourth Day Of December, 4. d. 1873,
or said petition will he taken As true and iudg-
ment rendered accordingly, OF the following na-
ture Io-wu judgment in favor Of said plaintiff
against the said Frank " Davis and Mary bavi- rs
administrative OF the estate Of JamesDav-, deceased,
for the amount which shall be found due from said
Mary A. Davis, Is such sdministratrix, and said
Frank NJ Davis, TO sail plaintiff on the promissory
note anu mortgage deed hereinafter mentioned,
which note is dated of the 7th day OF February,
A. ID. 1872, and thereby the said James Davis,
| since deceased, and rank N. Davis, promised u
pay at the 1nd National Bank of Leavenvorth,
| one year after the date thereof, to the order Of
said plaintiff the sum Of $l4 80 9j-l00 with inter-
est thereon at the rate oil IL per cent. per annum
from the maturity of said note until paid, and that
II the interest was not paid punetuaiiy when due
| it should become part of the priucpal and bear
interest at tie same Fate; which mortgage d Cd is
dated of the 9Th day Of February, A. ID. 1877, and
was made and executed BY said James pavis, since
deceased, and said Frank N. Davis and Mary A.
Davis, and thereby the said Mary A. Davis, Frank
VI. Davis, and James Davis, sit ce deceased, for
the purpose OF and To secure the payment Of 50 d
note and the sum of money and inte sst therein
specified and ten per cent. more than the amount
due and recoverable on said note at the time pay
nent should be made or judgment rendered any
action that might be brought for any amount that
| mi ghi be due and unpaid on said note, or by viz
tue Of any oi the provisions Of said mortgage,
enforce the same - ices and compensation Of the
| attorney OF attorneys Of said plaintiff its
signs for services in such action, mOrtgAged and
conveyed to said pl.ntin the folio ing described
tracts of land situate, lying. and being in the
namely, blocks nuu.ber four. i've and twelve
| and lots number seven, eight. nine, ten, eleven
and twelve in block number three. and lots nupb Der
block number six, and lots number seven, eight,
nine, ten, eleven and twelve, in block num-
| Der eleven. all in James Davis addition
| to the citv OF Leavenwt nth +; and the southeast
quarter of the southeast quarter Of section mum.
thiriy-nve (35, in township number eight ST.
o range number twenty-five 2Lis xceptins % much
thereof is included in James Davis' addition to
Leavenworth City, and excepting Also the follow
ing Il. scrIb,d tracts in said mortgage said have
been thento.ore conveyed, viz: BEGINNING forty
two and ss-lOJ rods south Of the south west
ot lot number seven q, in block number ten 10,
| o the aioresai addition; thence sou, nj 0 AM
| l2-l0o rods; thence east eighteen rods; thercs
nor,h nine and l2-lo5 rrds; thence vest eighteen
| Iods TO the plsce oi beginning.
Also reginning at the southwest corner of lot.
numter four a. in block number nine (9,) sf the
| addition aforesaid; thence south twenty-five q
rods; thence asst one HUNDRED and forty-t Q42)
| feet; thence north twenty 1.-TWO (22) rods; thence
wesi one hundred aud iorly-two tl42) feet to the
beginning.
Also beginning where the south line of Mary
street intersects the west line OF Esh h street,
thence south 10 deg. 2, min. east one hundred and
ninety eel; thence south ~ deg. IS min
west one hundred and forty "a y feet thence north
| 10 deg. p min west hundred and ninety -eight
I9sl ,et to the south line Of Mary nrelt; thence
north - deg. S5 min- east, one hundred aud
| forty l{O) feet To the place Of be inning.
Also commencing at the southwest corner Of the
tract heretofore conveyed to I'd Russell; thence
south hundred and fifty seven (l57) fee TO in
tersect the south line Of Middle suset extended
west thence east to the northwest corner of lot
numrer one Il, in block number thirteen (iSl Of
Days subdivision of Lesvenworih City; thence
north along the east line the section to the south
east corner OF said Russell tract thence vest
tn begisnny.
Also commencing at the south line Of Middle
street at the northwest corner oi lot ber one
II, } in block number thiIte'n Cl3,l in the said
Day ssubiivisiun; thence west one hundred and
eighty ll,''j feet; thence south one hundred and
sixty tl6ul ieet thence east one hundred and
ei yhty tLsUi feet the .ce north one hundred and
sixty (l6p fee, to the beginning.
Also Two strips, one on each side of Broadway
each one hundred and lift four (i5i) feet vide;
commencing at the south line of James Davis ad.
dition Aforesaid, aud extending south thirty -fcur
ga rois; also excepting sixty (ool feet by one
hunIred and forty uiol feet Of land decided by
James Davis and his wife To Delos CoInstoek on
the eleventh. day Of June, A. D. 1859;
And also al their right, title and interest in LOT
number fifteen rs. in block number forty four
ga, in Lea, enwQ.th City proper, together with
the building thereon. ami the even interest or
right they may have or acquire in the walls Of the
adjoining building the aid Frank NJ. Davis at the
time of the execution of said mortgage being the
owner of a certain lease hold estate and said
lot t5j tn term of 20 years from the IS day OF
Novembe-, A. ID. 1871, and h, then also the
owner OF the two story brick building said lot
40
And ju'gmert agsnst all the defendants in
said action that un !ess they or some OF them, or
some person persons shall and do within some
short time, TO be txef by the court, pay cause
he paid TO sad pla niti. the amount which shall
be found due said p antih, and because OF said
and mortage deei, that the several aforesaid
tracts Of land AID sAd leasehold estate on and ,
to the aforesaid lot IS and said building, be sold With
out redemption therefrom, and that the proceeds
ar sing from such sale thereof he AZ phi TO the
paw meni Of such judgment and the costs OF said
action and such amount shall b~ found ue said
plaintiff and becalse Of the note, NOR gage
deed and o her matters aforesaid with intere>t
thereon at the rate Of tselve per cent pr annum
from the time of the rendition Of such judgment
and that the several defendants il said action and
every person claiming by, from or under them
any or either OF them, be forever barred and
foreclosei, Of AMI fsom all and any right |
and eqIity of redemption and other right |
whatever Of, on, in or TO the several tracts OF /
land and the building Aforesaid from and after su,
sale thereof, and that said several defendants ard
every of them and all persons claiming from
under them, any either Of them, be ordered,
required aud djudgei TO deliver possession OF |
sad several tracts of land and every Of them, and
said building, TO the grantee or grantees in every
deed made in pursuance Of such ta.e s0cn ~ de-
ms,nd therefor sha be made.
Dated this I'D day oil October, A d 1873
CLOCGH 4 wIEAT,