Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-31
SUMMONS.

I'm THE DISTRICT COURT OF THE SIXTH
i Judicial Diet rct, of the State of California, in
and for the county Of Sacramento. THORNTON A
SNlDER, plaintiff, VS.. JOSEPH MELVIN, de-
fendaIit. 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 oil 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 IN and for the county OF Sac. anento and to
the complaint filed therein "a copy of which
accompanies this summons), within ten days Tex
elusive of the day of seryice) after the
You OF this summons, if served within this
county; if served out of this county, but within
this judicial District within twertv days; or II
served out OF said district tten 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 2Sth day Of
November A. d. 1879, to secure the payment of a
certain promissoiv note for g 800, with interest at
II per cent. per month. Said note bears date No
venber 49, 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
tember 20, 1873, by Endorsement on note, Joseph
Melvin renewed said note. That there is due on
said note from defendant to plaintiff balance OF
s., 1902 55 in gold coin. That defendant TO secure
mortgage on the following Tell estate situate in
Yolo county, State of California;, aud described as
follows Beginning at the northwest corn.r OF sec
ton numbered 2, in township numbered north, Of
range numbered east, OF Mount Diablo base and
meridian, and running thence south variation Is,
east IS IS chains to the center f an old road
thence north So 80, east variation II 40, east Ills
chains to the former line between Jerome Z. Davis
and the said Isaac S. Ches thence north s. 90,
west variation 16 30 $40 chains, and thence
vest variation II so, s.l5 chains to the place Of
beginning, aiming eighty nine and Il 100 acres,
more or less. efenuant, 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 mouth 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 y, 233 SO 100 in gold coin. That the
premises mortaged to secure said note, set forth
in said mortgage, are situate in foo county, State
of California, and described as follows: The north
east quarter of the northeast quarter of section
| number ten C0l township north, range east,
containing forty 40 acres. that in the first OF said
mortgages 1t Is provided that plaintiff may retain 20
per cent of he 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 $50 So. that said
promises will not sell for sufficient TO paw said sum
and costs; and plaintiff in said complaint de-
nands 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
! the payment OF said sums OF money with interest
thereon from this date, at the rate Of and
fourth per cent per month in gold coin, and costs
and in case such proceeds 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
forecl0sed of all right title claim, lien. equity Of
| redemption and interest in and to said mortgaged
| premises, and for other and ft.ther 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-
! 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 H. BERKEY, Clerk.
| By J. II. PARSELL, Deputy Clerk.
| FREEMAN & BATES Attorney for Plaintiff
| d27-lsw2mS