The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1889-05-11

In the District Court OF the STATE OF Ne
yada, County of White Pine.
7. c. POUJADB and
| NJ. B. GARAGHAN, Plaintiffs,
| JOSEPH S. cAR0THERs, Defendant.
! This cause having this day been brought on
| to be heard upon the complaint OF the pam
| tiffs and the answer OF the defendant and the
| parties plaintiffs and defendant appear
| ing by attorneys, and upon due proof OF
the filing Of notice Of the pendeney OF tins
| action, containing the names OF the parties
to, and the object of the action, and de-
| scription OF the property affected thereby at
| the time of the commencement OF said action,
to wit: May 3rd 1885, in the Office of the
| County Recorder of he said County of White
! Pine State OF Nevada, whore said property Is
! situated and the plaintiffs having introduced
| their testimony, oral and documentary, and
| the Court having heard the proofs necessary
| to enable it to render Judgment herein, and II
| satisfactorily appearing to the Court there
from that the allegations Of paintltfscompl Amt
ara all truo, ana that there is now due To the
| plaintiffs from the said Joseph ). Oafotiiers,
defendant. ON the note and NOR age set forth
Fin plaintiff complaint, the sum OF Fourteen
| hundred and foTty-hYe and 56-iOO lSl,l13 do)
dollars, with Interest thereon at the rate Of two
| (2) per cent. per month nom the lfh day OF
| June, 1887 amounting To the further sum of
| Four hundred and ninety-threo and 4O-lQ0
tS493 40 dollars, aud also ten per cent. of SAID
| claim for attorneys fees in foreclosing said
mortgage, amounting to the further sum of
! One hundred and forty-fonr and 55-iu0
| lEl44 81 dollars, and amounting in the aggre-
gate TO the sum OF Two thousand and eighty
three and 52-l0e s9,oS} 81 dollars. and tint
| Fourteen hundred and fOrty-iive and 58-lOl
| ST ,44o 5Gi dollars of said sum shall draw in
| toest from the date hereof until paid AZ tho
rate OF two > per month.
| Now, therefore, BY reason OF the law and
| premises, and upon motion of A. Il, Cheney.
Esq. of counsel for said plaintiffs, 1t
:. MI 4 and I.agr AID Tlasf
all and singular the mOrtgaged premises
described in said complaint and hereinafter
described or 50 nuch thereo. a. may be suils
Client TO raise the amount due plaintiffs as
aforesaid, and co r. of suit aud expenses IF
sale BE- sold al pm bile auction by and under
the direction OF the Sheriff of said County Of
White Pine, where said mOrtgaged premises
are situated: That said sale be made al the
front door of the Court House If aid
County Ol Nhite Pine. IN the Town OF Ely
therein That sitid Sheriff give public notice
OF the time aud place Of such saie according
to the course aud practice OF the Court and
the law relative to sal s Of real estate Under
execution, That the plaintiffs or ans Of tie
parties TO this suit may become the purchaser
~ sueh sale, aud hat the said sheriff aft
ire time allow lay law ior redemption has
expired. execute n deed u me purchasers OF
said mfr. ased premises on the said sale.
That the Sheriff ont OF the Proceeds
oil a snle retain hs fees, disbursa-
mems and com missions on said sale
ana lay 10 lie pItlnA II VI ineT
attorneys Vut % said proceeds their costs il
this case, taxed At the sum of Fortv-two and
TO- irD 81 4ul dollars, and Tie sum of Oue
hundred and tiffy-four and 55-loJ lSla 55i
dollars. hxed by said mortgage ard allowed
By the Court a. ats orney lee Tor ioreclUs-
ure: and alsu thar the sum Of Nineteen hun
dred and thirty-eight and y4-l00 a ,I|S 81
dollars 80 found due AS aforesaid, with interest
Fourt cen hundred and forty-lIye and SO 100
lSl,445 56 dollars thereof from tho dafe here
Of at the rate 81 TWO % per Cent. per month;
or so much as the said proceeds Of sale viii
pay of the same.
that the said defendant and all persons
claiming or to claim from or under HIM aud
all persons having liens subsequent 10 said
mortgage, by judgment, decree or Otherw ise
upon the land described in said mortgage. and
all persons claiming under thean, and all per-
sons claiming 10 have acquired any interest
In said premises ubsequent TO the fling
OF said notice of the pendency of this action
with the Recorder as aforesaid, be and thu
same are forever barred and ioreclOsod of and
from all equity Of redemption ana claim in,
Of and to said mortgaged promises and every
part and parcel thereof from and after the
delivering Of the said Sherff's deed rs nfore-
said.
And 1t is further Ordered, Adjudged and
Deerced that the purchaser or purchasers of
said mortgaged premises at such sale let
into possession thereof, and that any Of the
parties to this action who may be in posses
sion of said PREMISES or any part thereof, and
OF this action has come into possession there
OF under them or either of them, deliver
possession thereof to such purchaser or pur-
chasers ON production Of the sheriff said
deed to such premises or any part thereof
And 1t is further Ordered, Adjudged and
Decreed, that If the moneys arising from the
said sale shall be- insufficient to pay the
amounts 50 found due to the plaintiffs as
above stated, with interest and Cost and ex-
penses of sale as aforesaid, the Sheriff specify
| the amount of such deficiency and balance due
| the plaintiffs in his return of said sale and
| that on the coming in of said return Judg-
| ment of this Court shall be- docketed for such
| balance against the defendant, Joseph $.
| Carothers, and that the said Joseph )
| Carothers, who is personally liable for the
| payment of the debt secured by said mort
| gage, pay the shid plaintiffs the amount of
| such deficiency, with interest thereon at the
| rate Aforesaid from the date of said last mem
toned return ana judgment, and that plain
| tiffs have execution theref'r.
| The description and particular boundaries
| of the property authorized to be sold under
| and by virtue of this decree, so far as the same
| can be ascertained from the mortgage above
referred to, OF from the compliant filed In
| this action, are as follows, to wit:
All that certain piece or parcel Of land sit
uated in the EQUITY of White Pine. State of