The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1889-06-01


Whereas, T. G. Poujade and NJ. Is Cara
CHAN On the 10Th day Of November, lsSs. re-
covered q judgment against Joseph ;. ar
others In an action wherein the said l. =.
Poujade and NJ, b Garaghan were plaintiffs,
and the said Joseph ). Carothers was de-
fendant, which said Judgment Is recorded in
Judgment Book of the District Court on
page 81 and which is in the words aud figures
following TO wit:
In the District Court OF the STATE of Ne
vada, County of White Pine.
T. C. PoUJADE and
n. B. GARAGHAN, Plaintiffs,
JOSEPH S. cAROTHERs, Defendant.
This cause having this day been brought on
TO be heard upon the complaint of the plain
tifs. and the snswer OF the defendant and the
parties plaintiffs and defendant appear
ing By attorneys. and upon due proof of
he.6ling of notice of the pendency of this
action, containing the names OF the parties
70, and The object of the action, aud de-
scription of the property affected thereby at
the time of the commencement of said action,
to wit: May srd, 1888, IN the Office of the
County Recorder of the said County Of White
Piue, State OF Nevada, where said property Is
situated. and tie plaintiffs having introduced
their testimony, oral and documentary, anu
the Court having heard the proofs necessary
to enable il to render Judgment herein, and II
satisfactorily appearing to the Court there
from that the allegations plaintlhScompialn
are all true, ana thai there is now due 10 the
plaintiffs from tho laid Joseph :. Carothers,
defendant. on the note and mortgage set forth
in plaintiff complaint, the sum of Fourteen
hundred and fOrty-five and 56-iOO 81, 333 ab)
dollars, with interest thereon al the rate OF two
(2l per cent per month from the ltih uay oil
June, 1887, amounting 10 the luther sum of
Four hundred and ninety-three and 4D-lt0
1898 ~ dollars, md also ten per cent. Of sad
claim for attorney 5 tees IN ioreclosing sad
mortgage Amounting Is the further sum Of
One hundred aud torty-f0ur and 5j-10O
e Ia 30 dollars, and amounting in the aggre-
gate to the sum of Two thousand and eighty
three and 52-lW (s2,0o3 81 dollars. and that
Fourteen hundred and forty-iiye and $500
81 A. 3D. dollars of said sum shall diaW in
tsrest from the date hereof until paid a. tho
rate of two ~ per cent per IA orth.
Now, therefore, b. reason of the law and
premises, and upon motion Of A. T. Cheney.
ESQ.,. OF counsel for said plaintiffs, II
IL Ordered, Adjudged and Decreed, That
all and singular the morgagcd premises
described in said com plant and hereinafter
desert bed or so much thereof AZ may be sulii
cient TO raise the amount due plaintiffs as
aforesaid, and co Is of suit aud expenses OF
sale. be sold at public auction by and under
the direction OF the Sheriff of said County Of
white Pine. where said merrzaged promises
are situated: That said sale b. made at he
front door Of the Court House Of hid
County OF White Pine. IN the Town of Eiy
thereins 4 han said Sherih give puzzle notice
of the time and place Of sueh sale according
the law relative 10 sal of real estate under
exeeution: That The plDint.fts or any Of the
parties To his suit may become the purchaser
At such sale, aud that tho sid sheriff after
the time allowed by law iif redemption has
expired. execute a decd to the purchasers Of
said nlortgagcd premises OF the said sale.
That tina Sheriff, oat of eihc proceeds
oil "a d sale retain his fees, disbnrst-
m "d sPa en-, 's s,Is,s on said ials
aits,rpeg : ..i of said ,r,c,eds their costs in
this case, tnxed al Die sim OF Forty.tWo and
t0-io0 lsil I0i DOLLAR, aud The rum Of One
hundred and hfty-four aud a5-ipD Sl5I ~
dollars, fixed by said mo t.'ase aud allowed
by the Court Us attorney'r fee for foreclo--
urc: and also that tho sum of Nineteen hun
dred and thirty eight aud ~ 100 >ls3s ~
dollars so found due a aforesaid. with interest
Fourteen hundred and lotly-hNe ana 5G-l90
ISL 45 So dollars thereof from the date here
of at1he rate " two % per crItt. per month.
OF 90 much - the raid proceeds of sale viii
pay OF the ZANE.
That the said defendant and all persons
claiming or TO claim from o. under him aud
all persons having liens sd bse quent 10 said
mortgage hs Judgment. decree or Otherwise,
upon the land described in said mortgage, and
all persons claiming under them, and all per
sons claiming to have acquired any interest
in said premises su bsequent to the filing
of said notice OF the peudency Of thIs action
with the Recorder as Aforesaid, be and the
same are forever barred and foreclOsed of and
from all equity OF rode N ption and claim in,
Of and TO said mortgaged premises and every
part aud parcel thereof from aud after the
delivering of the said Sheriff's deed a aiore
AID d ~ fafther Ordered, Adjudged and
Deereed 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 possess
sion of said premises or any part thereof, and
any person who since the commencement
OF thisAciion. has come INTO possess i'm there
Of al n<ier athenT OF seither OF them. deliver
poss session thereof to such purchaser or pur-
chasers ON production of the sheriff said
deesl TO kpeh premises or any part thereof.
And II & hlriher Ordered, Adjnd sed and
Decrsed. that II the moneys arising from the
said .sals. shall BE nkuaicient 10 pay tho
amsu1a L SO tfoand due TO The plaintiffs as
above stat cd. 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, aud
that on the coming in of said return judg-
ment Of this Court shall be sdecke ted for such
Carothers, aud that tue said Joseph 5
Carothers, who Is personally liable for the
payment of the debt secured by said mort
gage Renl The raid Plaintfs he amount OF
such d@fk seHeYs With int efestt thereon at the
rate sforsaid nom the date of said last men
toned return ana judgment, aud that plain
tiffs have execution theref'r.
The description and particular boundaries
Of tho property authorized to be sold under
s sa 3 sssersaa xE az nSrlssse e' a ssS1e
referred to, or from the complaint filed in
this action. are as follows, to wit:
All that certain piece or parcel Of land sit
in the couty of White Pine. State Of
Nevada, aud bpllnded, and desor he'd as fol-
lowH Xll6f SAID .J0seph S. iC,roihers} nm
divided ee-ci Bhts t3-s) Interest in all Of the
property, real or personal. owned or claimed
BY the individuals doing business as the
Msu.w Gapn nrf Ia "a