Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-21
SUMMONS.

In THE DISTRICT COURT OF THE SIXTH
II Judicial District of the State of California in
and for the county Of Sacramento. THORNTON A.
SNYDER, plaintiff, vs. JOSEPH MELVIN, de-
fendaut. 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 Of
Sacramento in The office OF the clerk of said District
Court. The People of the State OF California send
greeting to JOSEPH MELVIN: You are hereby
required to appear in action brought against you
by the above named plaintiff, in the District Court
of the Sixth Judicial District of the State of Cali
fornia IN and for the county of Sacramento, and to
answer the complaint filed therein "a copy OF which
Accompanies this summons), within ten days lex
elusive OF the day Of service) after the service
you OF this summons, served within this
county; if served out of this county, but within
this Judicial District within twerty days, or II
served out OF said district theu within forty days.
or Judgment by default will be taken against you.
The said action is brought to obtain decree Of this
Court for the foreclosure Of two certain mortgages
described in the complaint and executed by the
said JOSEPH MELVIN one ON the 18th day of
November A. D. 1879, to secure the payment of
certain prOmssorv note for 81 800, with interest at
II per cent per month. Said note bears date No
vember IS 1873, due twelve months after date, and
is signed by Joseph Melvin By agreement signed
by Joseph Melvin on back Of note the interest on
said note compounded every six months. On Sep
TENDER %, 1873, by Endorsement on note. Joseph
Melvin renewed said note. That there is due on
said note from defendant to plaintiff balance of
50, 1892 55 in gold coin. That defendant to secure
said note, gave to plaintiff November %, 1873, a
mortgage on the following real estate situate IN
YolO county, State OF California and described as
follows Beginning at the northwest corner of sec
ton numbered ,, in township numberedS north Of
range numbered east, OF Mount Diablo base and
meridian, and running thence south variation Is
east 6S.6S chains to the center Cf an old road !;
thence north So 80 east variation IL 4O east Il. Is
chains to the former line between jerome c. Davis
and the said Isaac s. Chiles thence north. 5 20,
west variation Is 30 east $40 chains and thence
1nf DIV ralnna of
beginning containing eighty-nine and 77io0 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
II per cent. per month interest Said note was
dated June l. 1874 and is signed by Joseph Melvin.
There is due said note from defendant to plaintiff
the sum of 81, 233 IS 100 in gold coin. That the
premises mortgaged 10 secure said note as set forth
in said mortgage situate in folo county, State
of California and described follows The north
east quarter of the northeast quarter Of section
number ten (0) township Mouth, 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 attorneys fee, and that the ag
gregate due attorneys fees is $40 So that said
premises viii not sell for sufficient to pay said sum
and costs and plaintiff in said complaint de-
mands that a 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
aud 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 in case such proceeds are not sufficient to 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 all right, title, claim, lien, equity OF
redemption, and interest in and to said mortgaged
premises, and for other and further yelief. And
you fail TO appear and the said complaint, as
above required, the plaintiff will take default
against you and apply TO the Court for the relief de-
handed in the complaint.
Given under my hand and the seal OF the District
Court the Sixth Judicial District this sd day OF
December, A. d. 1879.
[sEAL.l THOMAS H. BERKEY, Clerk.
By J. II. PARSELL, Deputy Clerk.
FREEMAN & BATES, Attorneys for Plaintiff
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