The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1889-06-29


poujade and NJ b. Garaghan were plaintiffs,
and the sAid Joseph ;. Carothers was de-
fendant, which said Judgment i record d IN
Judgment Book of the District Court OF
page 81. and which is in the words aud figures
following 10 wit:
In the District Conrt Of the State OF Ne
vada, conLty of White Pine.
T.C. PoUJADE and
VI. Is. GARAGllAN. plaintiffs,
"
JOSEPH S. CAROTHERs, Defendant.
This cause having this day been brought on
10 he heard upon the complaint Of the plain
iiffs, and the answer OF the defendant and the
parties plaintiffs and defendant appear
ing by attorneys, and npon due proof OF
the filing If notice of the tendency Of this
action containing the names of the parties
TO. and he object of the action, and de-
scription of the property aneeted thereby at
the time Of the commencement OF said action,
10 wit . May 3rd, 1888, in the Office Of the
Comfy Recorder Of the said County Of White
Pine, Stale OF Nevada, where said property Is
situated. aud the plaintiffs having introduced
their testimony. oral and documentary, and
the Court having heard the proofs necessary
IN enable ii to render Judgment herein ana Il
satisfactorily appearing 10 the Court there
from that the allegations OF plaintlifseomp
are all true. Bnd that there Is now due 10 the
plaintiffs fiom the said Joseph ;. Car0thers,
defendant. ON the note and mortgage set forth
in plaintiff complaint, the sum OF Fourteen
hundred and f0rty-hye and 56-io0 81 40 1bl
dOlars with interest thereon at the rate of two
% per cent. per month from the 18th day Of
june, 1857, amounting TO the iutther sum Of
Four hundred and ninety three and 1910
ts4a3 ~ dollars, and also ten per cent. of SAID
claim for attorneys fees in foreclosng said
mortgage. amounting to the further sum of
One hundred and forty-feur and $500
sli4 ~ dollars, and amounting in the azgro=
gate 10 the sum of Two thousand and eighty
thre. aud 52-ln1 lS2,053 81 dollars. aud that
H. ~
81 40 ii. dollars Of said sum shat draw in
tsrest from The date hereof until paid at the
rat Of tao - per cent per month.
Nuw, therefore, BY reason OF the law and
premises, and npon motion OF A. r.. Cheney.
Esq. Of counsel for said plaintiffs, 1t
il ordered. Adindged and Deereed, That
all sud singular the mortgaged promises
described in said complaint and hereinafter
descrbrd OF 80 much thereof as may DO suffi
cient to raise the amount due plaintiffs as
salr be sold at public auction BY and under
the direction of the Sheriff of said County OF
Whita Pine. here said mortgaged premises
are situated: That said sale be made at the
front door of the Court House Of aid
County OF Matte Pine, In the Town OF Ely
therein: 1 hJf said Sheriff give public notice
of the tine aud place OF such sale according
IL the course and practice OF the Court and
the law relative to sal 8 of real estate under
execution: mat the plaintiffs or any Of the
parties 10 Til suit may become The purchaser
nj such tals, aud that the said Sheriff after
time allowed by law for redemption has
expired. sX cnte decd To the purchasers Of
snid mOrfgngci premises on the raid sale
That tn sheriff ont OF the proceeds
OF Il sala retain bis lees, dlsburse-
menls ann commissions on said sale
AID pay 70 the plaintiffs or their
mtturne, : unt Of said proceeds their costs in
this case. IA. ii at the sum of forty-tgo md
Su-rd -s ~ dollars, and the sum Of Ons
hundred nnd iiity-four aud 55-leo 49, d so
dollars. axtd by said mortgage aud allowed
by the Court as attorney fec Tor ioreclos-
ure: and al-u that the sum of Nineteen hun
dred and thirty eight and G-l0O zl,93S 80
dollars so found due a. aforesaid, with interest
Fourteen hundred and iorty-hNe aud 5b-loO
lSi,I 10 56l collars thereof from the date here
of ~ the rate IL two % per cent per month;
or so much a. the said proceeds Of sale will
pay of the sanie.
Fiat tie said defendant and all persons
claiming or to claim from or under him and
all persons having liens subsequent TO said
mortgage, BY Judgment, decree or otherwise,
upon thu land described in said mortgagq, ana
all persons claiming under them, and all per
sons cl.iimin" TO have acquired any interest
in said premises subsequent to the filing
of SAID noiic- of the tendency oil this action
with the recorder as aforesaid, be and the
ramc are forever barred and forcclosed of aud
from all cqdity Of redemption and claim IN,
vi aud TO said nOrtgaged premises and every
part aud parcel thereof from aud after The
delivering of the said Sherfi's deed a. afore-
said.
And II il further Ordered, Adjudged and
Dccreed that the purchaser or purchasers OF
said mortsaged 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
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-
chasefs ON production OF the Sheriff s said
deed to such premises or any part hereof.
And 1t IL further Ordered, Adjudged and
Decreed. that II the moncvs arising from the
said sale shall be- insufficient to pay the
amounts 81 fOand due To- the plaintiffs as
above stated. with interest and cost and ex-
penses Of sale az aforesaid, the Sherlh specify
the amount Of such deficiency and bulnnCe due
the plaintiffs in his return 81 said sale, aud
that on the coming in OF said return - iudg
ment of this Court shall be dockctrd for such
balance against the defendant, Joseph \.
Caroihery, and that the said Joseph =
Carothers, who IS personally liable for the
payment OF tho debt secured by said mOri-
gage, pay the said plaintiffs The amount OF
such deficiency, with interest tn reon al the
rate aforesaid om the date of rail las: men
toned return ana judgment, and that plain-
tiffs have execution iherrf T.
The description and particular bound ries
of tho property authorized TO be sold under
and by virtue OF this decree, 50 tar as tie Same
can be asceftaincd from the mortgage above
referred to, OF from the compliant filed in
this action, are a follows, t. wit:
All that certain piece or parcel OF and SIT
mated in the toaty of White Pins. State Of
Nevada, and bounded AMI described a. fei-
lows: All OF said Joseph ;. tuothers un-
divided three-eights l3S) Interest n all Of the
real or personal. owned or clained
by the individuals doing business ~ the
Argus Mining Company. OF 20 Wit An un.
divided three cightils ga Of the patented
claims known o. The SOL Cocker, The sun