The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1889-06-22

Cnhn on Inc lftn uhY OF NhAtiDntfs ifGss tt
covered a judgment against Joseph ). Car
others In an action wherein the said T. {.
poujade and NJ b. Garaghnn were plaintiffs
and the said Joseph >. Cnrothers was de-
PENDANT, which said Judgment il recorded in
Judgment Book of the District Court on
page 81. and which is in tho words aud figures
following TO wit:
In the Distric, Court of the State of Ne
vada, County of White Pine.
T. C. PoUJADE aud
NJ. b. GARAGHAN. Plaintiffs.
Ys
JOSEPH S. CARoTHERs. Defendant
This cause having this day been brought on
TO be heard upon the com plant of the plain
tiffs, and the answer OF the defendant and the
parties plaintiffs aud attendant appear
ing BY attorneys, and upon due proof OF
the fling OF notice of tho pendency of this
action. containing the names OF the parties
TO, and b. object of the action, and de-
scription of the property affected thereby at
the tune Of he commencement OF said action,
to wit: May 3rd, 1888, in the Office Of the
County Recorder Of the said County Of White
Pine State of Nevada, where said property is
situated and the plaintiffs having introduced
their testimony, oral and documentary, and
the Court having heard the proofs necessary
To enable IL to render judgment herein, and IL
satisfactorily appearing to the Court there
from that the allegations OF plaintlnscompihlnt
arc all true, ana that there Is now due 10 the
plaintiffs from the said Joseph ). Carothers,
defendant. Dn the note anu mo1lRhgt ret loTAn
in plaintiff ; complaint, the sum of Fourteen
hundred aud forty-hye and 56-iOO SLID 56)
dollars, vii interest thereon at the rate of two
q per cent. per month from the 18th day oil
June, 1897, amounting to the further sum OF
-Four hundred and ninety three and 4o-i00
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-four and 55-l0O
ella So dollars, and amour Ting in the aggre
gate 10 the sum of Two thousand and eighty
TIRES and 52-l00 lS2O83 So dollars. and that
Fourteen hundred and forty-fye and $500
(sl,4i5 SIS. dollars of said sum shall draw in
tsre-t from the date hereof until paid at the
rat of tho y per cent. per month.
Now, therefore. by reason of the law and
promises, aud upon motion of A. Il. cheney.
is Ordered. Adjudged and Decreed, That
all and singular the mortgaged premises
described in said complaint and hereinafter
eacrbed. or so much thereof as may be sufli-
cient to raise. tho amount due plaintiffs as
aforesaid. and costs of suit and expenses OF
sale, be sold at pu bile auction by and under
the direction of the Sheriff of said County Of |
Wliits-P iRe.. where said mertgaged premises |
are situated; That said sale be made at the |
front door of the Court House Of said |
County OF White Pine, in the Town Of Ely |
therein; Tint said Shorif give public notice /
of the time aud place OF such sale according |
to the course and practice OF the Court and |
the law relative TO sales of real estate Under |
execution; nat the plaintiffs or any of the |
parties 10 ills suit may become the purchaser |
a. such sale, and that the said Sheriff after |
tne time allowed by law for redemption hns |
expired. OK, cute deed TO the purchasers OF |
suid mUrtgrgel premises on the said sale.
That ths Sheriff out Of the proceeds |
o. a ealc retain bis fees, disburse-
mcnts All commissions on said sale
a7d pay 70 the plaintiffs or their
niiorne, Nnl Of said proceeds their costs in
this ease, ed at the sum of Forty-twe and
4o-ino "a. 4lp dollars, and the sum of One
hundred aud ffty-four and 55-lOO fSl54 hFl
dollars. fixed by said mortgage and allowed
by The Court as attorneys fee for foreclos-
nrr: and also that the sum Of Nineteen hun
dred and thirty eight and 97.l0 tsl,a3S s7)
dollars 30 found due as aforesaid, with interest
Fourteen hundred and forty-hve and $500
tsi,4iJ 56l collars thereof from the date here
of atthe rate of two (2) per cent. per month
or solnsch AZ the said proceeds OF sale will
payof the same.
That the said defendant and all persons
claiming or 10 claim from or under him and
all persons having liens subsequent TO said
mortgage. b Judgment, decree or otherwise,
upon thetand described In said mortgage, and
Nil persons claiming under them, and all per
sons claiming to have acquired any interest
In said premises subsequent to the fling
Of said nOtico OF the tendency OF this action
with the Recorder as aforesaid, be and the
same are forever barred and foreclosed of and
from ali equity OF redemption and claim in,
of and to said mortgaged promises and every
part aud parcel thereof from and after the
delivering of the said Sherff's deed as afore
said.
Aud II j. 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 remIses or any part thereof, and
any person who since the commencement
OF ihis eciion has Come into possession there
Of Under them or either of them. deliver
possefsi ON thereof TO such purchaser or pur-
chascrs on production of the Sheriff said
decd tofueh premises or any part thereof.
Decfeed. that II the MONEYS arising irou the
said sale shall he insufficient 10 pay tho
amounts 50 founh due 10 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 duo
the plaintiffs in his return OF said saie, and
that ON the coming in of said return a iudg-
ment of this Court shall be doeketed for such
balance against the defendant. Joseph :.
Caro- here, aud that the said Joseph
Carothers, who Il personally liable for the
payment of the debt secured by said mort
gage. pay the said plaintiffs the amount of
such deficiency, wi h interest til reon at the
rate aforsaid hom the date of said last men
toned return ana judgment, and that plain
tiffs have execution theref 7.
The description and particular bound iries
Of tho property authorized to be sold under
and hyNiuue 81 this decree, So Tar AZ the same
carr be nsiertamcd fron the mortgage above
referred 10, or nom the complaint tiled in
this action are as follows, TO wit:
All that certain piece or parcel OF land sit
usted in the tonty Of White Pine. state of
Nevada. and bounded and dcrcribod as fol-
lows: All of said Joseph 5. Carothers I'M
divided thrco- ghts (SS) interest IN all Of the
property, real or personal, owned or claimed
Argus Mining Company. or 20 wit: An un.
divided tl,ree .eightLs l3al of the patented