The Leavenworth weekly times., 1873-11-06
Notice Of Publication.
STATE OF KANSAS, \
COUNTY OF LEAvESwosrU.

STATE OF KANSAS,
COUNTY OF LEAvESwoRrH.
In the Disric, Court of the Firs, Judicial ps.-,.,
the State OF kansas, sitting in Sd d County of
Leavenworth.
John W. spra,ley, Plaintiff.
Benjamin F. Akers, Rosetta NJ. Aker..
q orge W. Ogden, Mary E. tgdep,
Clinion ccckriii, Samuel Co. hran, George
NJ. B.:tirann and Orrin Il. TAYLOR
Fe;endan;s.
" OU, the above named Mary E. Ogien are
L hereoy notihei that you, with the other ue.
fendints above named have been sued by the
a owe named plaintiff, John W. spratley, in the
above mentioned court, and that said plaintiff has
filed his petition in said court in the above enti-
tied action against you and the other defendants
ab )ve named, and that you must answer said peti-
tion on or before the fourth day Of December A.
ID. 1873, said petition viii be taken as true AMI
Judgment rendered accordingly. of the following
nature, to-wIt: Judgment in favor of said plain.
tif aga nst the above named Berjsmin F. Ak.rs
for the amount wnieh shl he f,uud due from i'd
Benjamin +. Akers TO said isin,ia, on the prom
issoIy note, mortgage deed and written in,trfmen.
hereinafter mentioned, Which note is DAT Of tn !,
2Si day of september. A. ID. ls72 and therrby the
said Benjamin +. Akers promised IA pay one year
after the date th reof the order of Clinton Cock
nil the sum of hSe Thousand and five hundred
dollars with interest thereon at the rate of tvs Give
per cent. per annum from the date Of said note
i
paid when due II should become part of the prin-
cipu and bear interest at the same rate; which
lrt,age deed is dated OF said I'D DAY of Septem-
bar. A. ID. 1872 aud was made aud executed by
said Benjamin +. AKeIs and Rosetta N AKers his
wife, and thereby the said BENJAMIN +. Akers and
X setta NJ. Akers, for the purp, sc OF and tr
secure the payment Of said note and the sum
OF money and Interest therein specified, and
ten pei cent. IN, than the. amount due
and rec yeraOle on said note at the time paymcnt
should be made OF judgment rendered in any ac-
ton that mlgh hit be brought for any amount that
might be due aud urpa'd on said note by virtue
of any of he provisions OF said mortgage, en-
force the same a. lees and compensation of the
t0rney attorue7s of said Clinton 1ockril or his
assigns ;or ser ices in such action, morg gage and
eyed IL said Clinton Cock ill and his lssigns
the two-story brick building situate on lots mum
btr fifteen l5) and sixteen Ci6l, in block number
eighteen llsl, in the origin plat of the City of
LeayenwUrth, 18th all the Improvements and ap-
puitenances thereun'o belonging, and all thSir
then lease-hoid estate in said lots, which set
forth in thar certain written instrument dated OF
the ninth day of October, A. ID. 1867, mentioned
AID described in the petition in said action in and
by which last mentioned written instrument said
ptaintln among other things, leased ca d lots Ia
said Benz amin +. AKers ain terms and con-
dit ons therein specified, and i've hundred dollars
with interest thereon at the rate of seven
Ier cent. per annum, follows: On $1,000
thereof from the 9Th day of October, A. ID. lS7y;
on another $1,000 thereof from the 9Th day oi
January, A. ID. Is ); on another $1,000 thereof
from the 9th day Of April, 4. ID. 1873; on another
soO % thereof from the 9Th day of July A. ID 1873
aud on Inc other $4,000 thereof from the 9Th day
oi Ocieb.-, A. ID. 1878, Is due and unpai said
written instrument from "a d BENJAMIN +. AKers
u said plaintiff for the use OF said lots,
which ssld note W by said Clinton Co Krill long
since in hiOrsed and gned To said plaintiff, and
said CocEriil has also a>,ignrd said mortgage tO
said plaintiff, an jud net against all of the de-
fendanls IN sad action; tnst uni, they some O
them some peron pc sons shall and do with-
in some short time, to be txei by the court paw
ciusr 10 be pa to said plaintiff tbs amount which
shall. be found rue said plaintiff and because o
other matters above mentioned, that the mort
eaged proF erty above mentioned, be sold, without
redemption thersfrom without impairing the
rights ~ said paiDtifi'under and by virtue Of the
above mentioned written instrument, dated of the
9Th day OfOctobor, A. II. 1861, and subject there
10 aud to the ii hts Of said plaintiff, and that the
proc, eds isRg from such sale thereof he applied
l. 10 the payment of such luig ent d the costs O
ss action, and such amount as shall be found du,
sad p intiff ON and because of the note, mort.
gage deed urirten ln>trumsnt AID ether matter'
| afsTesai', with inter 81 thereon NJ the rate o.
rendition of su judgment;
nd that the several DEFENDANTS in said action,
and every pe-son claiming by, from or under
them, or any ei her oi them, he forever barred
and f-recl0>ei OF and from all and any right and
equity cf redemption and other ri. ht whatever OF
IN Or TO the mortgage ell property aforesaid from
and after uch sale th.reoF and that said several
d.fendants, an every one of them, aud all per-
sons claiming from or under them, any either
of them, be ordered, rgquir, and aijudged to de-
liver possession OF sai morigasei properly, TO the
grantee grantees IN every deed m ade in pursu-
ance Of >uCn sale, demand therefor shall
be made.
Dated this 2ld day 0. October, A.. fs73.
ILOUGH 4 WHEAT,
Oct22wiw AttorLeys for Plaintiff