Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-24
SUMMONS.

IN THE DISTRICT COURT OF THE SIXTH
4 Judicial District, of the State of California, in
and for the county Of Sacramento THORNTON A.
| SNYDER, plaintiff, VS.. JOSEPH MELVIN, de-
tendant 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 Jerk 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
torna, IN and for the county Of Sacramento, and to
answer the complaint filed therein "a copy of which
accompanies this summons), within ten days Tex
elusive Of the day OF service after the service
! you OF this summons, if served within this
county; if served out of this county, but within
| this Judicial District, within twerty days; If
served out of said district then within forty days.
or Judgment by default will be taken against you.
The sad 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 a
certain promssoTv note for g 800, with interest at
| J. per cent. per month. Said note bears date No
yember 2S 1873 due twelve months after date, and
| is signed by Joseph Melvin BY agreement signed
| by Joseph Melvin back of note the interest on
! said note compounded every six months On Sep
| TENDER 20, 1873, by indors= ment note, Joseph
| Melvin renewed said note That there is due
said note from defendant to plaintiff balance of
81 392 55 in gold coin. That defendant to secure
said note, gave to plaintiff November IS, 1873 a
! mortgage on the following real estate situate in
| Ioo county, State OF California and described az
follows: Beginning at.the northwest corner OF sec
| ton numbered ,, in township numbered north, of
| range numbered . east, OF Mount Diablo base and
meridian, and running thence south variation IS,
| east 6S6S cbaius to the center Il old road
thence north So 80, east variation 40, east l71S
chains to the former line between jerome g. Davis
and the said Isaac S. Chiles thence north 5 90,
west variation l6 80, east 67.40 chains, and thence
west variation Il 80, 9.l5 chains, to the place of
beginning, containing eightynine and u 100 acres,
more or less. Defendant on June l, 1874, executed
| another mortgage to plaintiff to secure the pay
meat Of certain pronlissory note for $1,000, with
! u per cent per mouth interest. said note was
dated June ls14 and Is signed by Joseph Melvin.
There Is due on said note from defendant to planlh
the sum of s., 2SS SO 100 in gold coin. That the
premises mOrtgaed to secure said note, as set forth
III said mortgage, are situate in 1oio county, State
of California, and described follows The north
east quarter of the northeast quarter OF section
number ten QO), township north, range east,
containing forty 0) acres that in the first OF said
mortgages is provided that plaintiff may retain 20
per cent. of he due Tor attorneys fees and in
the secondi AIMED mortgage that plaintiff may
tain 10 per mt. attorneys fee, and that the ag
gregate duer's attorneys fees is $50 So that said
pr misses viii not sell for sufficient to pay said sum
and costs and plaintiff i'll said complaint de-
nands 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
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 and one
fourth per cent per month in gold CON- 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 ftsther relief AndIf
you fail appear and answer the said complaint,
atOve required, tie plaintiff will take default
against you and apply to 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. 1879
[sEALl THOMAS II. BERKEY, Clerk
By }. II. PARSELI, Deputy Clerk
FREEMAN & BATES, Attorneys for Plaintiff
daT-lay2n,S