Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-28
SUMMONS.

IN 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- |
fendallt 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 Jerk OF SAID District
Court. The People of the State of California send
greeting to JOSEPH MELVIN: You hereby
required to appear in an action brought against you
BY the above named plaintiff, i'll 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
accompam this summons), within ten days tex
elusive of the day of servce 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 II
served out of said district, then within forty days.
or judgment by default will be taken against you.
The said action is brought to obtain decree Of this
Court Tor 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 promissorv note for 81 300, with interest st
II per cent. per month. Said note bears date No
vember %, 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, 1873, by Endorsement on note, Joseph
Melvin renewed said note That there is due on
said note from defendant to plaintiff balance OF
50, 1872 80 in gold coin. That defendant to secure
said note, gave to plaintiff November %, 1873
| mortgage the following real estate situate III
Yolo county, State OF California, and described as
| follows: Beginning at the northwest corner OF Sec
/ ton numbered 2, in township numbered north of
range numbered east, OF Mount Diabo base and
meridian, and running thence south variation 10,
| east 6S.6S chains to the center + an old road :;
thence north So 30 east variation II 49, east IL
| chains to the former line between Jerome c. Davis
and the said Isaac s. Chies thence north s. 20,
variation l6 3d. east 81 40 chains, and thence
west variation IL 30, 915 chains, to the place of
beginning, containing eighty nine and n 100 acres
more or less. Defendant, on June l. 1874 executed
| another mortgage to plaintiff TO secure the pay
ment Of a 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, 239 SO 100 in gold coin. That the
premises mortgaged TO said note, set forth
in said 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 (l0l township north, range east,
containing forty 40 acres; that i'll the first OF said
mortgages it is provided that plaintiff may retain 20
per cent. of the due for attorneys fees, and in
+, the second named mortgage that plaintiff may
tain 10 per cent. attorneys fee and that the ag
gregate due as attorneys fees is 800 50 that said
premises will not sell for sufficient to pay said
! 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 to apply the proceeds of such rents and sales
| 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 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 fusther relief. And
you fail to appear and answer the said complaint as
above required, tie 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 OF the Sixth Judicial District this Esd ay OF
December, A. d. 1870
[sEAL-l THOMAS H. BERKEY, Clerk.
By J. Fl. PARNELL, Deputy Clerk
FREEMAN & BATES, Attorneys for Plaintiff
|