Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1888-10-04
SUMMONS.

In the District Court of the First Judicial Dis
trict OF Idaho Territory holding terms
at lewiston, in Nez Perez county
in and for the counties of Nez Ferce AMI natah
in said territory.
Patrick " Campbell and James TAFT, plaintiffs,
vs.. William laydeli and OctaYia Layhcid.
defendants
In the name of the people Of the United
States in the territory Of idaho; You are
hereby required to appear in an action brought
against you by the above named plaintiffs in
the District Court Of the First judicial District
Of the territory Of Idaho, holding terms at
Lewiston in Nez Perez county. in and for the
counties of Nez Perez and Latah, in said ter
ritGry, and to answer the complaint filed there
in, at Lewiston, Nez Perez county, within ten
days exclusive of the day of serviee) alter the
service On you Of this summons-f served with
in this county; or. if served out of this county.
but i'll this district. within twenty days; other.
wise within forty days-or judgement by de-
fault will be taken against you. according to
the prayer of said complaint The said action
is brought to obtain a decree Of this court, for
the foreclosure of a certain mortgage described
in the said complain and executed by this
said VIM. Layfeld and Octavia Layfield. on
the 18th day OF December, A d. 1886, to Sc.
cure the payment Of three certain promisory
notes bearing date Of December Is. 1856 for
$50 90. S3S 50 and $780, the lst due Deem
Der LIST. 1887. ana the others mature on Dec
LIST 1888, al. but the first of said notes are en-
tire!y unpaid, and to secure the payment of all
taxes net paid by defendants within thirty
days from day they became due and pay able,
and to secure the payment OF an attorneys fee
Of ten per cent on the amount found due from
defendants to plaintiffs TN day of entry of dc
cree Of foreclosure, The conditions of said
mortgage and notes have been broken in, that
plaintiffs have been compelled, to save the
property mortgaged to them. to pay the taxes
assessed for the year lsS. upon said property,
amounting to Sl2 %, more than 80 days after
the same became due and property sold and
plaintiffs, under the conditions of said mort
gage have elected and taken their option to
foreclese said mortgage and to and have do
clared the principal sum and all interest due
thereon on the day Of fling their complaint
herein. amounting in all to 1896 81 due and
payable together with laid taxes paid and sail
attorneys fec, and interest on $50 from the Sth
of September at twelve per cent per annum,
unit. paid. that the premises conveyed by said
mortgage nav be sold and the pre- ceeds applied
to the payment Of said S39D SO, with he inter.
est on $3.50 from the Sth day of September 1885,,
until paid, at twelve per cent per annum, said
SO %, said ten per cent on amount found due
are not sufficient to pay the same, then to OBJ.
tain an execution against said William Lay
field and 0ctavia Layfeld for the balance re.
naming due, and also that the saii dafend.
ants and all persons claiming by. through or
under them. or either of them may be barred
and forsciosed Of all right. title. claim. ,ein
equity Of redemption and interest, in and to
s,id mortgaged premises and for ether and
further relief. And you are hereby notified
that If you fail to appear and answer the said
complaint as above required; the Plaintiffs will
apfiy to the court for the relief demanded in
the said complaint to which reference is hereby
made.
GIVEN under my hand and the seal of the
Dstric. court of the First Judicial Dis
IL 5 trict of the territory Of Idaho, in and
for the county Of Nez Perez this 18th
day of September A. b. 1888.
F. II. EMERSON. Clerk
Z 0'NeiH attorney FOR prfs Il