Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-17
SUMMONS.


I'm THE DISTRICT COURT OF THE SIXTH
4 Judicial District, OF the State of California, in
aud for the county Of Sacramento. THORNTON A
SNYDER, plaintiff, vs. JOSEPH MELVIN, de-
fendant. Action brought in the District Court OF
the Sixth judicial District OF the State OF California,
and the complaint fled 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 action brought against you
by the above named plant in the District Court
of the Sixth Judicial District of the State OF Cali
fOrnia, and for the county Of Sacramento, and to
the complaint filed therein "a copy OF which
accompanI, this summons), within ten days lex
elusive OF the day of service) after the service on
YOU OF this summons, served WITHIN TINS
county; ii served out OF this county, but WITHIN
this Judicial District within twertv days; or II
served 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 the 2Sth day Of
November A. D. 1879 to secure the payment OF a
certain promissorv note for $500, 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 20, 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 IS in gold coin. That defendant, to secure
said note, gave to plaintiff November IS, 1873
mortgage on the following real estate situate IN
YOo county, State OF California, aud described as
follows Beginning at the northwest corner OF sec
ton numbered , i'll township numbered north, OF
range numbered east, OF Mount Diablo base and
meridian, and running thence south variation Is,
cast IS is chains to the center II an old road
thence north S. So, east variation II 49, east lIlS
chains to the former line between Jerome c. Davis
and the said Isaac S. Chiles thence north 5 20,
west variation Is 3d. east 81 40 chains and thence
,yaS variation II 2O q II chains the Mace al
beginning cont aiming eighty whine and Il 100 acres,
more or less. Defendant on June l, 1874, executed
another mortgage to plaintiff to secure the pay
ment OF certain promissOry note for $1,000, with
u per- cent per month interest. Said note
dated June l. 1874, and is signed by Joseph Melvin
There is due said note from defendant to plaintiff
the sum of S2,233 S3lo0 in gold coin. That the
premises mortaged to secure said note as set forth
in said mortgage, situate i'll Iolo county, State
of California, and described as follows The north
east quarter Of the northeast quarter Of section
number ten (10), township tn, range east,
containing forty 40 acres that in the first OF said
mortgages it il provided that plaintiff may retain 20
per cent Of the sum due Tor attorneys lees, 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 800. So that said
M, misses will not sell for sufficient to pay said sum
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 aud 10 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 81 one and one
fourth per cent per month in gold coin, and costs
and in ease 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 under him may be barred and
foreciosed of all right, title, claim, lien, equty OF
redemption and interest in and to said mortgaged
premises and for other and fI.,ther relief AndIf
30 he
above required, tie plaintiff will take default
against you and apply 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 I'D day Of
December, A. d. 1879
[sEAL-l THOMAS ii. BERkEI, Clerk
By J. Ii. PARSELL, Deputy Clerk.
FREEMAN & BATES, Attorneys for Plaintiff.