The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1889-06-15
T. C. PoUJADE and
NJ. B. GARAGHAN. Plaintiffs,
JOSEPH s cARorHERs, Defendant.

JOSEPH s. CAR0TH Frs, Defendant.
This cause having ths day been brought on
to be heard upon the complaint of the plain
tifFs and the answer OF the defendant and the
parties plaintiffs and q, fendant appear
ing by attorneys, and upon due proof oil
the fling of notice of the tendency OF this
action, containing the names OF The parties
to- and he object of the action, and dc
scription of the property affected thereby at
the time of the commencement OF SAID action,
to wit: May Bid, 1855, IN the Office o. the
County Recorder of the said County of White
Piue 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, ana IL
satisfactorily appearing to the Court there
from thai the allegations OF plaintltscompa lnl
are all true, and hal there Is now due 10 the
plaintiffs from the said Joseph ;. GARDENERS,
defendant. on the note and mortgage ret forth
in plaiptiff complaint, the sum of Fourteen
hundred and forty-iiYe and 56-io SLID 16)
dollars, with interest thereon at the rate OF two
~ per cent. per month ifom the lah day oil
June, 1887, amounting 10 the luther sum Of
Four hundred and ninety-three and oltO
(Si93 4n) dollars aud also ten per cent. OF sad
claim for attorneys fees IN ioreclO-ing sad
mortgage, amounting to the further sum Of
One hundred and forty-four and 55-loO
tslA 50 dollars, and amounting In The aggre-
gate TO the sum of Two thousand and eis hty-
three and 52-l00 (S2,Oo} 81 dollars, and that
Fourteen hundred and forty-aye and $500
tSl ,445 81 dollars OF said sum snail draw IN
forest from the date hereof until paid at the
rate Of two ~ per cert per olth.
Now, therefore, b. reason OF the law and
premises. and upon notion OF A, +. cheney.
Esq. OF counsel for said Plaintiffs, 1t
all and singular tho morfgaged promises
described in said complaint and hereinafter
desert bed OF so much thereo: as may he ,uill-
Client to raise the amount due rlaintlhs as
aforesaid, and co Is Of suit aud expenses of
sale, be sold at publ auction by aid under
the direction OF the sheriff OF said County 81
White Pine, where said mortgaged premises
are situated That said sale be made at the
front door of the Court House If aid
County OF White Pine n the Town of Ely
therein; That snid sheriff give puslc notice
OF the time and place OF such sale according
to the course and practice uf tho Court anu
the law relative TO sal Of real estat3 Auder
execution. int the plain ftr or any 81 tie
parties to his suit may bceulae The purchaser
al such sale, aad thai tic sid Sheriff Mtfr
tie time allowed By law fer redemption has
expired. eXecate a decd u ne purchasers ot
Aald murtaaEed premises Oh tho sdiu sale
That the Sheriff Out Of the Proceeds
OF sad sAlo retain his fees, di~burst-
ments AID comm ssonS on snid sale
and pay 10 tbs, plaintiffs or their
nttorneys nut Of sal proct eds their costs in
this case, taxed AT the sum OF fnrtftw0 and
i0-lu0 tSi2 40l dulais, and the sum Of Ono
hundred and hlfy-iour aad oo-tO tSlA ajl
dollars, liked by said mUitga1e aud allowed
by the Court as attorneys fee FOR torcclos-
urc: and also thar the sum Of Nineteen bun
dred and thirty eight and yi-leO 81. !t3s 81
dollars 30 found due a. Aforesaid, with Interest
Fourteen handrfd aud tOIiN-hNe and Od- loo
fSl 44j SOL dollars thereof from the date here
of at the ratio Of two CD per cont. per month;
or so much ae the said proceeds Of sale will
pay OF the same.
That the said defendant and all persons
claiming or to claim from OF under HIM and
all = q n
mortgage, by judgment. decree or otherwise,
upon the land described in said mortgage, and
all persons claiming under theni, and all per
sons claiming to have acquired any interest
in said premises subsequent 10 the Ming
OF said notice of the pendency Of this oction
with the Recorder as aforesaid, be and the
same are forever barred and forecl0sed OF aud
from ali equity OF rede mptiOn and claim in,
of and to said mortgaged premises and every
part and parcel thereof FROM and alter the
delivering of the said Sheriff's decd a. atore .
said.
Aud it is further Ordered. Adjudged and
Decrced that the purchaser or purchasers OF
said mortgaged premises at such sale let
into Possession thereof, and that any of tho
parties to this action who may be In posses
sion OF said premises or any part thereof, anu
any person who since the commencement
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
Ard Il Il further Ordered, Adjndged and
Decreed, that If the MONEYS arising from the
said sale shall be insufficient 10 pay the
amounts 81 found due TO the plaintiffs as
above stat ed, 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 sale, and
that on the coming in OF said return judg-
ment of this Court shall be dockoted for such
balance against the defendant, Joseph 5.
Caro- hers, and that tho said Joseph ).
Carothers. who is personally liable for the
gage, pay the said plaintiffs the amount of
such deficiency, with interest fTeOn at the
rato aforesaid from the date Of said last men-
toned return ana Judgment, and that plain
tfs have execution theret r.
The description and particular boundaries
of tho property authorized to De sold unuer
and by virtue of this decree, So far as the same
can be asce rtaned from the mortgage above
referred to, or from the complaint filed In
this action, are as follows, TO wit:
All that certain piece or parcel OF land sit
uated in the Conty Of White Pine. State Of
Nevada, and bounded and described rs fol-
lows: All of said Joseph 5. Carothers I'M
divided thrce-eights 1873 interest in all of the
property, raal or personal, owned or claimed
hy the individuals doing business as the
Argus Mining Company. or 10 Wit; An un-
divided three eighths rs OF the patented
claims Known as The Self Cocker, The SIM
rise. being in Taylor Mining District, White
Pine County, Nevada. Also, an undivided
three eigbths ca interest in and 10 Two hun,
dred and twenty l2l0 acres OF patented land
in Steptoe Valley, White Pine County, state
OF Nevada, upon which land il erected tbe
ifieen 90 stamp mill known as the Argus
Mill; also, an undivided threeeghth % in
terest in said mill, together with all and sin
gular the tenement, heriditments and ap