The weekly Arizona miner., 1879-03-21

In the District Court of the Third Judicial Disic the Territory of Arizona, in and for the County ( YavapAi.
 HENRY ASHER and LOUIS wOLLEN-)
 BURG, partners doing business under
 the hrm name and style of ASHER <
 NOLLENBURG. Plaintiffs.
 versus
 JAMES FINE, De,endant.
 The Territory of Arizona to the Sheriff of Ysvap.
 County. grectng:
 Whereas, the aboved named plaintiffs on the zta d. of June, 1878, recovered a judgment and decree foreclosure against the aDove named defendant lana Fine, wtich said Judgment and Decree is recorded Judgment Book "A of said Di, trict Court on pass l55fb9l6O 46l, and which is in the words and hEass following, to wit:
 Iu the District Court of the Third Judicial Distas Yavapa County, Arizona Territory.
 Henry Asher aLd Louis Wollenburg, partners donr
 business under the firm name and style of Asha
 Wonenburg. pRinti1s,
 
 James Fine. defendant.
 This cause having this day been brought on .o b he ri. upon the complaint filed herein and it aptsx ing to the Court that the above named defendant h nude default and that judgment by default had bea July entered by the Gle of said Court on the 18th E June, 1878, and this 18th day of June ssos gAid said cause aforesaid, being duly brought x nnal nearulg and disposition, and Louis WOlrnbufE one of the above named plaintiffs, being duly Eworn behalf of said plaintiff testified in said cause and s Court having heard the proofs necessary to enable render judgment herein. and it appearing from x testimony adduod, that shere is now due to the pan ts, from the defendant, James Fine, principal ci interest upon the debt and mortgage mentioned and & foIth in the complaint, the vf nineteen hund1< and ninety-fye and sixty-three-hundredt.Iz doIzn (Sl. 63l0O,) which sum is ts bear the rae interest set forth in the proms,ory note set fO complaint herein to wit. the of two @ per cE; per mouth aud that all the allegations in the said e1 plaint contained, are taken as true.
 And the Court further allowed the sum of nineiy-nz seveutyeight one hundredhs 1898. 7s-lea being i've per eat the said sum of nineteen hundred and nnr hve-sixtythree hundred hs dofars damages in fArE of said plai-tiffs.
 IA. plaintiffs, It is sdjudged aud decreed, that all s1 singular the mortgaged premises mentioned in zz complaint and hereinafter described, much sar of as may De sufficient to raise the amount due to Q plaintiffs for the principal and interest, ard costs E damages and expenses of sale, and which may De s' without material jury to the parties interested be < at public auction, by and under the direction Of s sheriff of the county of Yavspai aforesaid. whers ~ mortgaged premises situated, that said s<H t in the villag+ of Prescott in said county, sE the said Sheriff give pubc notice of tho time and s Of such sale according to the course and prscus the Court and the isw relative to sales of rpAl e under execution, and tbat tie plaintiffs any oi parties to this suit, may become the purchaser or N
 And that the said Sheriff, after the time allowed law for redemption has expired, execute deef toN purchaser or purchssers of the mortgsged premls tor such PoFtsn thereof a may be sold) on the sale.
 That ths sheriff out of the proceeds of said sale tain his fees disbursements and commissions on n sale, nd pay to the plaintiffs or their aftorn<i record herea out of said proceeds, his costs 0f A suIt, taxed at thirty 05-100 S30.05 dollars also aforesaid Sl 995 63-lUO, found due As aic said also the further sum of saa. flO0 as sfoEssaA with interest said last named at the of w t2) per cent per mouth from the date of this decree much ther0of tne said proceeds of said sale H pay af inc same claim from under him, and all persons having aH subseoueut to said mortgage by judgII cut or dszs upon the land ddscribed in said mortgage, aud sa sons having any lien or claim by or under seeh ssn queIt judgment decree, and their hstrs or pers. and all persons calming under th- and sl persons claiming to have aciir9d any estA;s interest whatever in saia mortgage premises se1r que the date ef recording said mortgage as ass tn the oonplaint herein, be forever barred aud IL sIosed of and from Sn equity of redemption = claim in, of and tO sad morsaged premises ana ~. part and parcel thereof from and after the deive7 the Sherfa's deed
 And il is further sdjudged and decreed that the p into possession thereof and that any of the paris this acton who may ne in possession or saln - or any part thereof and anJ pers0n whe since Ihs mencement of this AoJi''n have come into possesss under ths sad 5efeudant deliver possession thered such purchaser or purchasers on prodneuon - e 4 shsris deed for such premises. or any paf' s. And it is fur her sGtudgsd and deersea tns s.s moneys arising from the said sale thau oe to pay the amount foand due to the pelh1A.-i .-i F. above stated, with the interests costs, danA e cxpenses of sale ae aforesaid, the neTin .w amount of such deacieacv aud balance que the - tGs ia hls return of said ale and that on the 5s ia Of sand return judgment of ahis Cou - d dOrketed for such balanes against saia oeie s that he pay tJ said plaintiffs the amount ot s. s ciency ana judgment, with interest thereon A - aforesaid from the date of said last meslnonsa - and Judgment, and that plaintiffs have eAeeo0"" E for. s.~ The following is tssle and correct description sf1re~ald naorteaged premIses, to-wit: .4s & beng undivided interest of cue nnncseN = E .ae north extension of the War kasse lcoes Jr tn of rocK containing precious nlee.is, s,s & yiug and being in the Braashsw Mountains, & -naw Mountain MiuiEg District, in favspAi e"u1F Arizona Territcay. ra u1ns tn open Court, this iTth day of luna A..
 CHAS. SILENT, Assoeia'e 'S 4 Filed June f7, is7S- -,..s &
 WILLIAM WILKINSON S'e Now, therefore. you, the said Sher11' .ls = sa z ,0snnsndea and required to proceed so stlce ,e e nd Co seH. the psenise~ hereinbefore ~ .s E iis pvocesds 0f such sale to the ssttsi ..z judgment. with interest thereon and oosI,, 5ssv s1th accrting costs. and io make and n1e yel s K Iuch sale % the Clerk of Said Distr.6 So ssse h iKty Gzys from she date her. fl, and to oo .e- s lccorl.nz to the terms and requirements 's .s-e E judgment and decrpe nd the provisions oi ' < "a snrh case made and provided , ,,n-t Q x Gwen under my hand and the seal of sA4u .id day of December, (. D. iSTs. .J,r ci,-k #
 WILLIAM wfIkEkSON' December e7, ts7s-dS1,