The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1873-11-20

In the District Court the First Judicial District
Of the State Of Kansas. sitting in the County |
Of Lsavenworth.
The Second National Bank Of Leaven-(
worth. flaintin.
Charles N. Davis, 1honas A. Davis,
I. A. Hurd, kebeeca E. Kennedy,
owen Duny, William ". Bsekus. /
Daniel T. Swinburue, William Nc
Neili Cl0ugh, Ls sander B. Wheat,
Alexander A. Higinbothsm, John
4. Douglass, Clara L. y. Dickinson,
c. W. Webster, Beno Neybaur. John
L. Thompson, 5. W. kissel, Anna
Henely, c. E. Noble. Washington
d. Kelly, James L. Alternately, Hen
rietta Stuart Administrative Of the
estate:of Andrew stuart, deceased;
Mary A. Davis. as adm nstrx,rix al
the estate OF James Davis, decea ed
The Mutual Loan and savings in>ti-
tuition OF Leavenworth Kansas, The
Kansas Build NJ aud TrustComp,ny,
The LezvenUOrth Savin-s Rlnk,
Bard Of County Commissioners ol
the County OF leavenworth, and
the City o. Leaven worth, Defendants.
You, the above named Frank N. DAVIS, & aries
NJ. Davis, thomas A. Davis and Daniel .. swim
burne, aud each Of you, are hereby notified, that
You, with the other defendants above named have
been sued BY the above namei plaintiff, The Sec
ond National Bank Of Ieavenworth, in the above
mentioned court, ann that said plaintiff has filed
petition in said court in the above snt tied
tion iainst you and the 9th .r defendants above
named. and that you must answer said petition on
| OF before the
Fourth Day Of December, Il. d. 1878,
| or said petition will he taken rs true, and julg
l ment rendered accordingly, OF the fcllowing IA
ture, to-wit judgment in favor OF said Piainttn
against the said Frank NJ. Davis aud Mary n Davisas
ADMINISTRATIVE Of the estate OF Jamesav il deceased
Tor the amount which shall be found due from said
| Mary A. Davis, rs such administrators, and said
| Frank NJ. Davis to said plaistffon the promssory
4 hor
| which note Is dated Of the 7th day Of February,
| A. ID. 1872, and thereby the said James Davis,
since deceased, and Prank n. Davis, promised to
/ pay at the md ational Bank Of LeaveuwOrth,
one year after the date thereof, to the order Of
said plaintiff, the SUN OF 114 ~ y5-lOo with inter-
est thereon at the rate OF Il per cent. psr annum
from the maturity Of said note until paid, and that
If the interest Was not paid punctuaiy when due
it should become . part Of the principal and bear
interest at the same rate; which mortgage deed Is
dated of the 9Th day Of February. A. u. 1872, aad
was made and executed by said James Davis. since
deceased, and said Frank II. Davis and Mary A.
DAVIS, and thereby the said Mary A. Davis, Frank
VI. Davis, and James Davis, sin CO deceased, for
the purpose Of and to secure the payment Of ~ d
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 pay
ment should be made or judgment rendered IN any
action that might be brought for any amount that
might be due snd unpaid on said note, OF by viz
If any OF the provisions Of said mortgage, to
enforce the same as fees and compensation Of the
, attorney attorneys Of said plaintiff or its as
. signs ior services in such setion, mortgsged and
r conveyed to said plaintiff the following described
. tracts of land situate, lying. and being in the
county Of Leavenworth and State Of Kansas,
namely, blocks number four. i've and twelve.
! and lots number seven, eight. nine, ten, eleven
and twelve in block number three, and lots nur bsI
. seven, eight, nine, ten, eleven and twelve, In
, 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 eitv OF Leavenworth; and the southeast
. quarter Of the southeast quarter Of section NUM-
thirty 1--WE ia, in township number eight Is,
i o range number twenty -two excepting much
+ thereof is included in James Davis addition %
. Lravenworth City. and excepting also the follow
ing described tracts in said mortgage said To have
! been thento:ore conveyed, viz: Beginning forty
two and sS-lO0 rods south Of tine eouth west cornell
: of lot number seven e in block number ten 10,
OF the Aforesaid addition; thence south nj Q AMI
I2-l00 rods; thence east eighteen rods; there
, north nine and 12-l0o rUds; thence west eighteen
i rods to the place OF beginning.
! Also beginning At the southwest corner of lot
! numt or four a. in block number nine 49, Of the
/, addition aforesaid thence south twenty tl'l
rods; thence east one hundred and forty 1.-TWO (l4c
, west one hundred aud forty-twO 1i2) fset to tn,
beginning.
Also beg inning where the south line of Mary
street int sects the west line Of Eighth street,
thence south 10 deg. 2, min. east one hundred and
ninety eight ieei thence south - deg. b min.
west one hundred and forty i0) feet thence north
l9s) feet to the south line Of Mary street; thence
north - deg. IS min. east, one hundred ant
forty Q4o) feet to the place Of be ginning
Also commencing at the southwest corner OF thu
tract heretofore conveyed to Ed. Russell; thence
south one hundred and fifty seven $50 feet to in
terseet the south line Of Middle stieet extended
west; thence east to the northwest corner Of lo
number one u J in block number thirteen (l3) u
Days subdivision of Leavenworih City; thence
north along the east line ofthe section to the south
east corner OF said Russelrs tract thence vest Il
the beginning.
Also commencing at the south line Of Middle
street at the northwest corner OF lot number one
a. in block number thirteen us, in the sal,
Day ssuhiiyision; thence west one hundred AM
eighty (lSp) feet thence south one hundred an,
sixty ti6O) feet; thence east one hundred ant
eighty usol feet; theace north one hundred aud
siSty (i6il feet TO the beginning.
4 Also Two strips, one each side OF Broadway
each one hundred and fit j. four ust) feet Idle
commencing at the south line Of James Davis al
diiion Aforesaid, and extending south thirty lou
(iil rods; also excepting sixty t6o) feet by On'
: hum red and forty (iio) feet Of land decided by
James Davis and his wife TO Delos U Comstoek OIL
the eleventh day Of June, A ID. 1869;
And also IL their right title and interest in Io
numbcr fifteen 49, in block number forty fou
a. in ga enwOrth City proper, together viii
the building thereon, AMI the even interest OF
right they may have or acquire IN the walls OF thu
adjoining building the aid Frank NJ Davis AZ thu
lime Of the execution OF said mortgage being III.
owner of q certain lease hold estate and TO ii
lot (l5) ter term of 20 years from the 2s day o
November, A. d. 1871, aud hs vas then also thu
a owner of the two story brick building on said io
t1J)
And in Igme5t against all the defendants In
said action that unless they OF some Of them, OF
I some person persons shall and do within som'
short lime, to he ike By the court, pay or cause
to be paid to 81 ps ntih. the amount vh ch shall
he found due said aintih, on and because Of said
note and mortage deei, that the several AFORESAID
tracts Of land acd sad leasehoid estate on ant
the Aforesaid lot Is and said building, be- sold With
out redemption therefrom, and that the pfoeeei
ar sing from such .ale thereof be AZ phi d TO tbs
! pa ment of such judgment and the costs o: SAID
, action aud such smount shall b, found due said
plaintiff on and because Of the note, morigag'