Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-07
SUMMONS.

I'm THE DISTRICT COURT OF THE SIXTH
Il Judicial District, OF the State of California in
and for the county Of sacramento. THORNTON A
SNIDER, 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 OF
Sacramento in he 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 an action brought against you
by the above named plaintiff, in the District Court
OF the Sixth Judicial District of the State Of Cali
fornia 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 on
you OF this summons, served within this
county if served out of this county, but within
this judicial District. within twerty days; or If
served out Of said district tEen within forty days.
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-o one on the 2Sth day Of
November A. d. 1879, to secure the payment Of a
certain promssOrv note for 81 $780, with interest at
II per cent. per month Said note bears date No
vember 2S, 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 26 1878, by Endorsement on note, Joseph
Melvin renewed said note. That there is due on
said note from defq liant to plaintiff a balance of
So, 1872 IS in gold That defendant, to secure
said note, gave to tiff on November %, 1873.
mortgage on the iEowing real estate situate in
Yolo county, State of California, and described as
follows Beginning at the northwest corner OF sec
ton numbered 2, in township numbered s north, of
range numbered east, OF Mount Diablo base and
meridian, and running thence south variation Is,
east 6S68 chains to the center Of an old road
thence north Sc go east variation II 40, east lIlS
chains to the former line between Jerome c. Davis
and the said Isaac S. Chiles thence north 5 20,
west variation l6 30 east GA chains, and thence
west variation II 3d. 9.15 chains, to the place OF
10 aNdTV
more or less. Defendant, on June 1, 1874, executed
another mortgage TO plaintiff to secure the pay
meut of certain promissory note for 81, 600, 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 of 81, 23S $500 in gold coin That the
premises mortgaged to said note, as set forth
in said mortgage, situate in Yoo county, State
of California, and described as follows The north
east quarter OF the northeast quarter OF section
| number ten Q0), township moth, range east,
containing forty (40 acres that In the rs OF salo
mortgages il is provided that plaintiff may retain &c
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 lee, and that the az
gregate due as attorneys fees is 800 50 that sald
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
and 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 such proceeds not sufficient to pay
the same, then to obtain an 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 relief. And
you fail to appear and the said complaint as
above 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 J. ii. PARNELL, Deputy Clerk.
FREEMAN s BATES, Attorneys Tor Plaintiff
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