Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1888-12-26
mo. 1895. First Publication Dec. 26, 1885
LEGAL NOTICE.

mo. ll90. First Publication Dec. PC, 1885,
LEGAL NOTICE.
In the District Court in and for Barber county,
state of Kansas.
Smedley Darlington, Plaintiff.
versus
Jos. J. Stout and Mary J. Stout, his
wlte, and 3. w. Cooper, Defend
ants.
Foreclosure of Mortgages and Judgment on
Notes.
THE State of Kansas, Greeting: To the said
i abovenamed defendants, Jos. j. Stout and
Mary ): stout, his wife, you and each of you
ember, 1883, the abOve-named plaintiff filed his
petition in said cause of action in the said Dis
trlct Court i'll and for Barber county, state of
Kansas, that you, together with your co-defen-
dant, ). w. Cooper. have been sued by him to
toreclose certain mortgage deed, and obtain
Judgment as hereinafter set out; that at the
same time. in the same court and in the same
cause OF action. the said defendant, $. w Coon
er filed his answer and cross petition therein
praying a foreclosure of a certain mortgage
deed and judgment against you as hereinafter
stated, and you and each of you must answer
said petition and said answer and cross petition
on or before February 9Th, 1889, or the same
will he taken as true and decretal entries and
judgments will be taken ana rendered therein
and thereon as follows:
FIRST. For judgment on plaintiffs petition
against you for the sum of Five Hundred Dol
lars $500 with II per cent from September LIST
1856 Qess credit of $3.50 and all costs of suit
second. Fora Judgment on the answer and
cross-petition of the said defendant s. W.
Cooper for the sum of Sixty-seven and 5O-lOO
Dollars, together with interest on 81. 80 thereof
at II per cent. from September LIST, 1887, and in
terest on $3.50 thereof from March Ist, 1883 at
II per cent, and interest on $3.50 thereof from
september LIST, 1888, at Il per cent and all costs
of suit
Third. Foreclosng certain deed of mortga ge
made and delivered by you to the plaintiff to
secure the payment of said sums due him. upon
the following described real estate situated in
the county of Barber and state of Kansas
tO-w1t: The southwest quarter of the northeast
quarter, and the west half of the southeast
quarter of section thirty-three (33) in township
thirty (30) and lot tour in section four "a town.
ship thlrty-one C3D south of range fifteen Q5)
west OF the 9th P NJ, containing 16l 81 100 acres
more or less, according to the U. S. survey.
Fourth. ForecloSing certain mortgage made
and delivered by YOU to the said defendant s.
W. cooper, to secure the payment of said sums
set out in the said deed of mortgage to the said
plaintiff, and ordering and decreeing the said
mortgaged premises to be sold without an
pralsement, and the proceeds applied to the
payment of the taxes due thereon costs of this
action, then, first, to the amount due the plain
tiff, and next to the amount due the said defen-
daDt, ;. w. Cooper, on his said answer and
cross-petitiOn, and forever inhibitng. barring
and foreclosing the said respective mortgage
deeds as to the respective defendants thereto
and all defendants herein of all right, title in
terest and equity of redemption in and to said
mortgaged premises, or any part thereof, and
declaring and decreeing the said defendant s
w: Coopers lien to be junior, inferior and
subordinate to the said mortgage lien and
rights of plaintiff.
HOLLowELL HUME and CARR g. CUTIIP
Attys for plaintiff and def't., s. W. CoOper
Attest: FRANK HOLMES, Clerk of District
Court, Barber County, Kansas.