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

IN THE DISTRICT COURT OF THE SIXTH
Il 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 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
fOrnia, and for the county OF Sacramento, and to
answer the complaint fled therein Ia copy of which
accompanl IS this summons), within ten days lex
elusive OF the day Of servicel after the service
YOU of this summons, ii 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 then 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 MELVlN-one On the 2sth day OF
November A ID. 1879, to secure the payment OF a
certain promisSorv note for 81 800, 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
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 rs, 1873
mortgage on the following real estate situate in
Yoo 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 Diablo base and
meridian and running thence south variation IS,
east 6S.6S chains to the center e an old road
thence north SO 80 east variation II 40, east IT'S
chains to the former line between jerome Z. Davis
and the said Isaac S. Chiles thence north s. 20,
west variation 10 80, east $40 chains and thence
west variation II 80, 915 chains, to the place of
h. con mir aphtv nil an
more or less Defendant, on Juae l, 1874, executed
another mortgage to plaintiff to secure the pay
OF a certain .>o+a for 81 600 with
II per cont 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 2333 $500 in gold coin. That the
premises mortgaged to secure said note, as set forth
in said mortgage, situate in Iolo county, State
of California, and described as follows: The north
east quarter OF the northeast quarter of section
| number ten Q0), township month, range east,
containing forty (40 acres that in the first OF said
mortgages il is provided that plaintiff may retain 20
per cent. of the due for attorneys fees and in
the second named mortgage that plaintiff may re-
tain 10 per cent. attorneys fee, and that the az
gregate due as attorneys fees is $40 SO that 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 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 Win interest
thereon from this date, at the rate Of one and one
fourth per cent. per month in gold cun 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 or under him may be barred and
foreciosed 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 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. ID. 1879 st
l[sEALl THOMAS II. BERKEY, Clerk.
By J. Ii. PARSELL, Deputy Clerk
FREEMAN x BATES, Attorneys for Plaintiff. ,s
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