Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-03
SUMMONS.

I'm TIE DISTRICT COURT OF THE SIXTH
4 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 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 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 Sacramento and to
answer the complain. filed therein IA copy ot which
accompanl IS this summons), within ten days lex
elusive of the day of servicel after the service on
YOU of this summons, ii served within this
county; If served out of this county, but within
this judicial District, within twerN days; or If
se4Sed out Of said district tEen within forty days,
or Judgment by default viii 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. ID. 1879, to secure the payment OF a
certain promissoTv note for & 800, with interest at
ii per cent. per month. Said note bears date No
vember rs, 1878, 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 49, 1873, by Endorsement on note Joseph
Melvin renewed said note. That there is due on
said note from defendant to plaintiff balance Of
S, 1872 55 in gold coin. That defendant, to secure
said note, gave to plaintiff on November rs, 1873,
mortgage on the following real estate situate in
Yolo county, State of California and described as
follows Beginning at the northwest corner OF
ton numbered 2, in township numbered north, of
range numbered 2 east, OF Mount Diablo base and
meridian, and running thence south variation l5',
east 6S68 chains to the center Of an old road
thence north So So east variation II 40, east IL IS
chains to the former line between Jerome c. Davis
and the said Isaac S. Chiles thence north s. 90,
west variation 16 30 east 67.40 chains, and thence
west variation II so, 915 chains, to the place of
beginning, containing eighty nine and 77100 acres
more or less. Defendant, on Juae l, 1874 executed
| another mortgage to Plaintiff to secure the pay
ment of certain promissory 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 on said note from defendant to plaintiff
the sum of g 233 S3-100 In gold coin. That the
premises mortgaged to said note, US set forth
in said mortgage are situate in YOl0 county, State
of California and described as follows The north
east quarter Of the northeast quarter OF section
number ten Q0) township north, range east,
containing forty 0 acres; that in the first OF said
mortgages it il 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 Gg
gregate due as attorneys fees Is 500 SO that said
pr misses will no. 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 and to sell said premises
and to apply the oceeds Of such rents and sales to
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 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 under him may be barred aud
foreclosed of all right title claim lien equity OF
redemption, and interest in and to said mortgaged
premises, and for other and f,sther relief Andlf
you fail appear and the said complaint, as
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 23d day OF
December, A. D. 1879.
IsEALl THOMAS H. BERKEY, CieTi..
By J. II. PkRsELL Deputy CLERK
FREEMAN & BATES Attorneys for Plaintiff.
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