The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1873-10-30

II the District Court Of the Firs. Judicial Ds,,;s,
ofthe Safe OF Kansas, sitting la 80 i Couaty Of
Lsavenworth.
Joan ". spratley, P.aiutia,
Benjamin F. Ak-r., Rosetta NJ. AIKEN.
q orse W, Ogden, Mny E. tsd-n,
Clinton CoekriiI Samuel Cochrsn, G~or-.
B.stmann and oriin b. Taylor.
u OU, the above named Nav E. Ogdeo. ars
L HEREBY notified that you, with the o ne. dc.
fendsuts above named, have teen sued bv ths
owe NAMED paiin.ln, John W: sp s,ley. IN the
h'ed his petition in said couct in the above snIi-
tied action against you and the other defendants
ton on or before the fourth day Of December. a.
ID. 1878, or said petition wi be taken as true and
iud- ment rendered accord nsly. of the following
.a,uie, to-.it; judgment in favor of said plain
iii against the above named lie ] min F. Ak.n
for tue amount which aha be fo1' d due from i'd
Benz min +. Akers TO said plain ID, on the prom
,ssoiy note, mortgage deed and written Instrument
lie eiuaiter mentioned, which note is dat. d Of the
23i day OF Sep ember A. d. lss2, and thereby the
ss'd Benjamin +. Akers promised 10 paw one ear
sf Ter the date thereof q the order Of Cir;on Geek
ill the sum Of hve thousand AMI i've hundred
dollars, with interest there al the rate of Twelve
p@r cent. per annum from the date of said note
III paid, and II the interest Gas not pc nctuslly
PAID when due II should become part Of the Dr. o.
c.psl and bear interest at the same rate; ~hich
IN tszge deed is dated OF said sd day Of soften.
Der, A. ID 1877 and vas ale and executed Uy
said Bcnja min +. AKeIs md Rosetta u. AKers his
" IL, and thereby tine id Benjsiuin F. Akers md
r setta NJ. AKers, for the purpose of and H.
secure The pay ment OF said mote and the sum
cf money and Interest therein sp~citei and
ten per cent than the amount due
anu iverable on said note at the time paymert
siOIid he made or judgment rendered in any ac-
on that mi. hit be brought for any amount that
p'sat be due and unpaid on said note or by viItle
OF of he provisions OF said mortgage or to en-
fierce the same fees and compensation of the at
tocney or ATTORNEYS Of said CLIFTON Cocl ill or his
assigns Tor ices is such action, marisa.ei and
conveyed u SAID Clinton CoeKriii and his sssi rs,
he two-story biieK building situate on lots mum
De- fifteen ,i5) aad sixteen (lG), in block nu nber
eighteen tisl, in the o.is nal plat Of the City Of
Leavenyoith, with all the i'm prove nents and sp-
pIpenanees ihereuatO belonging, and all th-ir
zen iesse-hold estate in said lots, which Is set
70 IN in thai certain sritten instrument dated Of
the n a;h day Of October, A. ID. 1851, mention ed
q cesc bed in the petition in said action in and
~ which last mentioned written instrument said
DiA'niin, among other tbfngs, leased sad Iors to
said Benz am q +. AKess certain terms aud con-
ii. Gus therein sFecibed, and hve hund ed dolia.>
Gem. ,neT ssr s ,nss9, me rate OF se,en
hereof fcom ne 9Th dav Of October. A. ID. 1872;
on anosuer 5000, thereof from The sth day Of
January, A. U. Is 8; on another $1,000 thereof
from the 9Th dsv Of April, A. D. 1873; on another
500 Gu thereof from the 9Th day Of July A. 1873;
aud ne other SlG0 90 the eof from the 9th day
Of Osiebe-, A. ID. 1873, is due and unpai on said
written iIs.runsn from 81 Benjamin. r. AKers
to said pla ntif. a. II n FIR the OF said lots,
which said note was by said ClIuton Co KriIl long
o nee Infotsed aud ass COED To said pla! ntih, and
said CocKrll has slsp assign. d SAID mort gage to
said Piain'd, and jud nsut against all Of the de-
fendanis in "a action; that unless tn some Of
Them or some per n pc shall and do it'll
id some short time, To be liked by The court, pay
c,use u Dr. pa 10 said plainti6 III amount which
shall be found due said plaintiff and because Of
the note, mortgage deed, written ins'rum and
Othar matters above mentioned that the mort
gagged pro- eisy above mentioned, be sold, without
redemption thsref nm without imparing the
shts OF said plain,if'under and by virtue Of the
a1,v- mentioned written inst ument dated Of the
9in day Of October, A. d. 1861 and subject there
to and 10 the rights If sai1 plaintiff and that he
pro ,eeds Using from such sale the ref he applied
To the payment of siich Iuig eni the costs of
"a action, snd UGH amount shall be found &c
said pl sin'id on and because Of the note, mort.
gage deed ritIen instrument ard other matters
aiOresai', with inter ST the con AZ the rate OF
twelve per cent per annum from the time OF the
rend ton OF such Idgmen1;
And that the several defendants in ssid action,
and every pc son claiming by, from under
them. any eli her OF them, he forever bar rcd
and reclo-ed OF and from all and any right and
equity If r. denpJion nd other right Whatever of,
on. IN or 10 the ed property Aforesaid, from
and af er UGH sale IN reo;, and that said several
d PENDANTS, AMI ey'-y one Of them and all per-
sons claiming rom undo, them, any or her
of them, be dered, our, and aijudysd TO de-
Ever possession OF -ai mortgaged properly, to the
grantee or sran'ee, n eve aeei II sde in pufsl-
ancs Of such sale, 30 soon q, demzn therefor shall
be made.
D2 o. this 2,d day of Octobe-, 4. D 1873
CLoUGH WHEAT.
oct2lS3w A.t.reysfo Pl1in e.