The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1873-11-20
LEGAL.
Notice OF Pub icaiivn.
STATE OF KANSAS, l.
COUNTY OF LEAyxNwoRrH.

COUNTY OF LkAvxNwoRrH. as
In the ristrct Court Of the Fist Jnl ciai District
the State OF Kansas, sitting in 81 County Of |
Leavenworth.
John W. sP.atiey, P.aintin.
Gorge ". Ogden, May Z. yden
Clinton CCekrill samuel Co hrsn G.otye
N. B:tpann and Onin B. Taylor,
Defendants.
" OU, the above named Mary E. Os,en. are
] HEREBY notifed that you With the Other de-.
f-nd ants above named, have been sued nv the
q ose named plaintiff, John W. spratey, in the
above mentioned court, and that said pls,ntiH b,s
fled his petition IA said court in the above emit
tied action against you and the other defendants
~ we named. and thai must answer said peti-
ti0n on or before The TO- tn day o! D,eeml,er A
u. 1871 said petition " lie taken as true AMI
judsms Mt renoereti accord n;.y of the f,Iovjps
nature, o-wit: judgment in favor Of said plain
tin y anst the above named Beuj min p. Ak.rs
for the amount which shall he found due from id
Benjamin +. AkerS to said plaintiff on the pro,n.
issoIy note, mortg ,se deed aud written Instrument
hereinafter mentioned, which note is DAT. a of III.
23d day Of September. A. ID. ISL aud thereby the
said Benjamin +. Akers promised To paw one wear
after the date thereof To the order Of Clinton Geek
riil the sum Of I'VE thousand AMI five hundred
dollars, with interest there the rate of twelve
| per cent. per a1num from the date Of said note
Till paid, and il the interest not punctuaIIy
paid when due IL should become part Of the prin-
| cipil aud hear interest ut the same rate; shch
rtsage deed is dated OF said sd ,lay of Se,t.m.
| b'r. A. ID. 49, and was male and executed by
| said Benjanin r. AkeIs and Rosetta NJ Akers his
wife, and thereby the said BENJAMIN F. Akers and
| Il. setta NJ. AKers, for the purpose of and L.
| secure the pay ment OF SAIL note and the .um
| Of money and interest ther,iu specified, and
| ten per cent more than the amount due
| aud recoverable on said note at the tim. payment
| should he made or Judgment rendered in any &C
| ton that might lie brought for any amount that
| might he due and apaid said note or by virtue
Of any of the provisions OF said mortgage or to
force the sane rs fees and compensation Of the at
torney or aitornes OF said Clinton Cockril or his
assigns Tor ser. ices IN such action, mortgage and
conveyed To said Clinton CocKrii and his sssi ms
the two-story bodybuilding situate on lots mum
Der hfit en- u.s. and sixteen (l6l, in block number
eighteen (isl, in the original plst Of the City OF
| Leavenworth, with all the improvements and APP
PuItenances taereunio belonging, and all theiI
| then ieass-hold estate in said lots, which Is set
forth in that certain written instrument dated Of
the ninth day Of October, A. ID. Is61, mentioned
and described in the petition in said action in and
| by which last mentioned written instrument said
| plaintiff, among other things, leased said lots Z,
! said BenJamin r. Akers on certain terms and con.
ditions thei elm sIeti and live hundic dollars
ser cent r"r ann9" al she rae o o' . .eSe,
| thereof from the 9th day of October, A. ID. 1872
on another slut~ thereof from the 9Th day o
| January. n. u. IS 2; on another SlC0IO thereo
.ram the 9th day Of April, A. ID. 1873; on anothe
>lW ~ thereof fem the 9th day Of July A. ID. 1873
aud ON the other SId0O thereof from the 9Th da'
Ociebe-, A. ID. 1873, is due and unpai on saii
Nrtien ns:rument frsm sa Il BENJAMIN +. AKer
To said plaintlh, n nj for the Of said lots
which sail note was by said Clinton Co Krill lon
Stree Endorsed and assigned to said pla ntiff an.
| said toeKriii has also assigned said mortgage 4
said plaintiff. AMI jud meht against all Of the de
, | PENDANTS in said action that un,s they
then or some person or persons shall and do nth
in some short time TO he liked by the court, pay o
! cause to be paid TO said plaintiff III amount Whic
| shall he found due said plaintiff and because
the note. mortgage deed, written instrument an
| other matters above mentioned. that the mort
gagged psOi erty above mentioned, be sold, withou
| redemption tberefrom without impairDg tn
rights of said plaintil'urder and by virtue OF I'll
! above mentioned written instrument, dated Of tn
| 9th day OfOctober, A. II. 1867, and subject there
to and to the rights of said plaintiff and that tn
proceeds Using from such sale there Il he apple
! | To the payment of such iu1g ent ard the costs
| sad action, and such amount shall be found du
! said plsintiif ON and because of the note, NOR,
gage deed u ritten instrument and ether matter
e Aforesaid, with inter st thereon ut the rate
| twelve per cent. per snnum from the time OF tn
!, rendition Of such Judgment;
And that the several defendants in said acton
Q | and every person claiming by, from unde
them, or .ny or either OF them he forever barre
] and f,reclOsed of and from all and any right an
on IN To the mort aeei property Aforesaid fror
and after such sale th.reof, and tn Il said sewers
| defendants, an every one of them, and all per
| sons claiming from under them, any ethe
OF them, he ordered, require and adj judged to de
liver possession Of sail mortgaged property, to tn
grantee or grantees in every deel made in puTsu
ance of such sale, soon a3 demand therefor sha
| be made
Dated this 2,d day OF October. A. d 1873.
CLOUGH 4 WHEAT,
oci2,wiw Attorneys for Plaintiff.