Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-14
SUMMONS.

I'm 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-
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 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 an action brought against you
by the above named plaintiff in the District Court
of the Sixth Judicial District OF the State OF Cali
forna, and for the county of Sac ameuto and to
answer the complaint filed therein "a copy of which
accompanlt IS this summons) within ten days lex
elusive OF the day Of servce after the service on
you of tins summons il served within this
county; if served out of this county, but within
this judicial District, within twenty days; or If
served out OF said district, tkeu within forty days,
or judgment by default will be taken against you.
The said action 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 promssorv note for 81 300 with interest at
II per cent. per month Said note bears date No
vember 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
TENDER 20, 1873, by Endorsement on note, Joseph
Melvin renewed said note. That there is due on
said note from defendant to plaintiff balance OF
So, 1872 So in gold coin That defendant, to secure
said note gave to plaintiff on November Is, 1878,
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 2, In township numbered north, OF
range numbered 2 east OF Mount Diablo base and
meridian, and running thence south variation Is,
east S. IS chains to the center Il an old road
thence north SO SO, east variation II 40 east IL
chains to the former line between Jerome Z. Davis
and the said Isaac S. Chies thence north s. 20,
west variation Is 30 east "a 40 chains, and thence
west variation II 80, 9l5 chains, to the place Of
4
more or less. Defendant on Juhe l, 1874, executed
another mortgage to plaintiff to secure the pay
ment OF certain promissory note Tor 81 600, with
! J. 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 g, 233 $500 in gold coin. That the
premises morgaged to secure said note as 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 (l0), township moth, range east,
containing forty 90 acres; that in the first OF said
mortgages ii 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 as attorneys fee. and that the ag
gregate due attorneys fees is 800 50 thai said
premises viii not sell for sufficient to pay said
and costs and plaintiff in said complaint de-
mands that receiver be appointed to take
possession of all said premises, and that
such receiver be authorized 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 one and one
fourth per cent per month in gold coin and costs
and in 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
forecosed 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-
handed in the complaint
Given under my hand and the seal OF the District
Court OF the Sixth Judicial District this Esd day of
December A. D. 1879. .4A
llsEAL.l THOMAS H. BERkEY, Clerk.
BY J. II. P8RNELL, Deputy Clerk
FREEMAN & BATES Attorneys for Plaintiff .
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