Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-10
SUMMONS.

I'm THE DISTRICT COURT OF THE SIXTH
Judicial District of the State OF California, IN
and for the county Of Sacramento THORNTON A.
SNYDER, plaintiff, vs.. JOSEPH MELVIN, de-
PENDANT Action brought in the District Court OF
the Sixth judicial District Of the State OF California,
and the complaint filed in the city and county II
Sacramento in lie Office of the Jerk OF said District
Court. The People of the State of California send
greeting to JOSEPH MELVIN: You are hereby
required to appear in an action brought against you
BY the above named plaintiff, in the District Court
OF the Sixth Judicial District OF the State OF Cali
forna IN and for the county of Sacrament to, and to
answer the complaint filed therein "a copy Of which
aecompanI, this summons), within ten days lex
elusive of the day of service) after the service on
you of this summons, if served within this
county: if served out of this county, but within
this judicial District, within twerty days, or If
served of said district Il ell within forty days,
or judgment by default will be taken against you.
The said action is brought to obtain decree CT this
Court for the foreclosure Of two certain mortgages
described in the complaint, and executed by the
said JOSEPH MELVIN one the 2Sth day Of
November A ID. 1879, to secure the payment OF a
certain promissov note for 81 300, with interest at
II per cent. per month. Said note bears date No
vember 70, 1878, due twelve months after date and
is signed by Joseph Melvin By agreement signed
by Joseph Melvin on back Of note, the interest
said note compounded every six months. On Sep
TENDER 26, 1873, by Endorsement note, Joseph
Melvin renewed said note. That there is due on
said note from defendant to plaintiff balance Of
s. 1872 55 in gold coin. That defendant, to
said note, gave to plaintiff on November IS, 1873,
Yoo county, State of California and described as
follows Beginning at the northwest corner of Sec
tion numbered 9 in township numbered north, of
range numbered east of Mount Dablo base and
meridian, and running thence south variation 15',
east IS IS chains to the center 4 an old road :
thence north So SO, east variation II 40, east IT'S
chains to the former line between Jerome c. Davis
and the said Isaac S. Chiles thence north 5 20,
west variation 16' 30 east 81 40 chains and thence
west variation IL 30, o. 16 chains to the place of
beginning, nlaining eighty nine and 100 acres,
more less. Defendant, on June l, 1874, executed
another mortgage to plaintiff to secure the pay
ment Of certain promssory note for 81 900, with
4 per cent. per month interest. Said note was
dated June l, 1874, and is signed by Joseph Melvin
here is due said note from defendant to plaintiff
the sum of 81, 233 $500 in gold coin. That the
premises mortgaged to secure said note set forth
in sad mortgage, are situate in Yolo county, State
Of California, and described as follows: The north
east quarter Of the northeast quarter OF section
number ten Q0), township north, range east,
containing forty 40 acres; that in the first OF said
mortgages it is provided that plaintiff may retain 20
per cent Of the sum due for attorneys fees, and in
the second named mortgage that plaintiff may re-
tain 10 per cent as attorneys fee, and that the ag
gregate due attorneys fees is 800 50; that said
pre- misses will not sell for sufficient TO pay said
and costs and paintR' in said complaint de-
mands that receiver be appointed to take
possession Of all said premises, and that
such receiver be authorized to collect the
rents of said premises and to sell said premises
and to apply the proceeds Of such rents and sales to
the payment Of said sums of money with interest
thereon from this date at the rate OF one and one
fourth per cent. per month in gold coin, and costs
and i'll case such proceeds not sufficient pay
the same, then to obtain execution against said
Joseph Melvin for the balance remaining due and
also, that the said defendant and all persons claim
ing by, through or under him may be barred and
foreclosed of ali right, title, claim, lien, equity Of
redemption, and interest in and to said mortgaged
premises, and for other and fLrther relief. Andit
you fail to appear and answer the said complaint
above required, III plaintiff will take default
against you, and apply the Court for the relief de-
manded in the complaint.
Given under my hand and the seal of the District
Court OF the Sixth Judicial District this 23d day Of
December, a. d. 1870.
tsEAL.l THOMAS II. BERhEf, Clerk.
By J. III. PARSELL, Deputy Clerk
FREEMAN & BATES, Attorneys for Plaintiff.
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