Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1889-01-02

mo. 1895. First Publication Dec. 26, 1851
LEGAL NOTICE.
In the District Court in and for Barber county,
state OF Kansas.
Smeiley Darlington, Plaintiff.
versus
Jos. J. Stout and Mary j. Stout, his
wife, and S. w. Cooper, Defend
ants.
Foreclosure of Mortgages and Judgment on
Notes.
THE State of Kansas, Greeting: To the said
i above-named defendants Jos. j. Stout and
Mary j. Stout, his wife, you and each of you
are hereby notified that on the 26th day of Nov
ember, 1888, the abOve-named plaintiff filed his
petition in said cause of action in the said Dis
trict Court in and for Barber county, state of
Kansas, that you, together with your co-defen-
dant, 5. w. Cooper have been sued by him to
foreclose certain mortgage deed, and obtain
Judgment as hereinafter set out; that at the
same time, i'll the same court, and in the same
cause OF action, the SAID defendant, >. ~ Coop
er, filed his answer and cross petition therein,
praying a foreclosure of 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 5th, 1882 or the same
will be taken as true and decretal entries and
judgments will be taken and 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 (less credit of $3.50 and all costs of suit
Second. Fora Judgment on the answer and
=.
Cooper for the sum of Sixty-seven and 50-1O0
Dollars, together with interest on $3.50 thereof
at II per cent. from September LIST, 1887, and in
terest on 81. 80 thereof from March LIST, 1888 at
IL per cent, and interest on S7.50 thereof from
September LIST, 1888, at II percent. and all costs
of suit.
Third Foreclosing a certain deed of mortgage
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-wit: The southwest quarter of the northeast
quarter. and the west half of the southeast
quarter of section thirty-three (@3l in township
ship thirty zone t3l) south of range fifteen do
west of the 9th p. NJ containing l61 61-100 acres
more or less, according to the u 5. survey.
Fourth. FOreclOsing a certain mortgage made
and delivered by you TO the said defendant, s..
w. Cooper, TO secure the payment of said sums
due from YOU to him, upon the same lands as
set out in the said deed of mortgage to the said
| plaintiff, and ordering and decreeing the said
| mortgaged premises to be sold. without APP
| praisement, 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 defeu-
| dant, 5. w. Cooper, on his said answer and
cross petition, and forever inhibitIng, barring
| and foreclosing the said respective mortgage
and all defendants herein of all right, title, in
| terest and equity of redemption in and to said
| mOrtgagcd premises, or any part thereof and
| declaring and decreeing the said defendant S
| w. Coopers lien to he junior inferior and
| subordinate to the said mortgage lien and
| rights of plaintiff.
| HoLLowELL g. HUME and CARR s. CUTLIP,
| Attys. for plaintiff and def't. S. w. Cooper.
| Attest: FRANK HOLMES, Clerk of District
| Court, Barber County, Kansas.