The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1889-05-18

Whereas. t. c. Pouiade and NJ. b. Cara
CHAN on the 10th day of November, 1888. re-
covered a Judgment against Joseph ). Car
others in an action wherein the said I. Z.
Poniade and M b. Garaghan were plaintiffs,
and the said Joseph ). Carothers was de-
PENDANT, which said Judgment is recorded in
Judgment Book of the District Court oil
page 81, and which is in the words and figures
following to wit:
In the District Court of the State of Ne
yada, County of White Pine.
T.C. PoUJADE and
VI. B. GARAGHAN, Plaintiffs,
JOSEPH S. cAR0THERs, Defendant
This cause having this day been brought on
to be heard upon the complaint of the plain
iifs, and the answer OF the defendant and the
parties plaintiffs and defendant appear
ing by attorneys and upon due proof of
the fling Of notice of the pendency of this
action, containing the names of the parties
to, and he object of the action, and dc
scripti0n of the property affected thereby Mt
the time of the mmpncement of said action,
to wit May SD, 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, ana
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 fplaintiffseomplaint
are all true, ana that there is now due TO the
plaintiffs from the said Joseph ;. Garothers,
]. defendant. ON the note and mortgage set forth
in plaintiffs complaint, the sum OF Fourteen
hundred and forty-tive and 36-lOO SLID J6)
,dOiars,with in crest thereon at the rate Of two
O. per cent. per mont b IRON the 18th day OF
J une, 1857, amounting 10 the further sum OF
Four hundred and niaety-ihros and 40-luO
(s493 4nl dollars, aud also ten per cent. of said
claim for attorneys fees In foreclosing said
mortgage, amounting Ia the further sum OF
al nrtx -Ft4nF md hA-ttN
talI4 50 dollars, and amount ing in the aggre-
gate TO the sum of Two thousand and eighty
three and 52-lOO (S2uSi 81 dollars and that
Fourteen hundred and forty-aye and J-l0O
t2l. AS 81 dollars Of said sum shall draw in
tsrest from the date hereof until paid at the
rate of two ~ per cent per n onth.
Nov, therefore, by reason OF The law and
premises, and upon motion of A. 4. cheney.
is Ordered. Adjudged and Decreed, That
all and singular the morFgaged promises
described in said com plant and hereinafter
described or so much thereof n may he suii
Client 10 raise the amount due plaintiffs rs
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, here said mortgaged premises
are situated: That said sale be made at the
front door Of the Court House If aid
County of White Pine, in the Town % Elv
therein; That said sheriff give public notice
of the time and place of such sale according
to the course and practice OF the Court ana
the law relative to sal Of real estate Under
execution: mat The paintits or any of the
parties to this suit may bcconic Tie purchaser
At such sale, and that the sid sheriff after
the time alow,d by law Tor redemption has
expired. execute deed u The purchasers II
suld mOrtgaged premises on th- said sale.
That the Sheriff uuf of the proceeds
OF SAID sale retain his fees, di-burst-
ments anu esmm s-luns on said -aie
AID pay TO the plaintiffs or their
attorneys out of said proceeds their Gusts in
this case, iaxed a. Tue sum Of torts-two ard
4O-10O $40 400 doilnrs, aud the tum of One
hundred and hify-folr ami 53-ltO $50 81
dollars, fixed by said mo- tiase and allowed
by the Court rs Attorney fee for foreelos-
ure. and also thai the sum of -Niuetern hun
dred and thirty eight and y1-lW - SIS 81
dollars ~ ound dn. as aforesaid. with interest
Fourteen hundred aud forty-Hve and 56-lu0
Isl. AS 56l dollars thereof from the date here
of at the rate OF tw1 = per eeit. per month;
or so much as the said proceeds OF sale will
pay Of The same.
That the said dol, ndant and all persons
Claiming or TO claim from or under him aud
all persons having liens subse tnen, TO said
mortgage, by Judgment. decree or otherwise,
upon the land der cribed in said morteHga, and
all petsons claiming under them, and all per
sons claiming to have acquired any Interest
In said premises subsequent to the hling
OF said notice OF the tendency Of this action
with the Recorder as aforesaid, be and the
same are forever barred and fOreclOsed of ana
from all equity of redemption and claim in,
of aud to said mortgaged premises and every
part and parcel thereof from and AFTER the
delivering of tile said Sheriffrs deed a aiors-
said.
And it is further Ordered, Adjudged aud
Decrced that the purchaser or purchasers Of
said nleftsaged premises ut such sale o let
i1ito 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 this action has come into possession there
OF under Them or either OF them. deliver
possession thereof to such purchaser or pnr-
ehasers on production of the sheriff said
deed to such premises or any part thereof
And II Is further Ordered, Adjudsed and
Dec reed. that II the moneys arising from the
amounts s. found due tn the plaintiffs as
aboy stated. with interest and cost and ex-
De1ktsof sale as aforesaid, the Sheriff specify
the amount of such deficiency and balance due
the plaintiffs in his return OF said sale and
that ON the coming in of said retarn n iHd.-
ment Of this Court shall DC docSeted for such
balance against tho defendant, Joseph ;.
Carolhers, aud that the said Joseph 5
Cnrothers, who Is personally liable for the
payment of tho debt secured by said mort
gage, pay the said plaintiffs The amount OF
rueh deficiency, With interest tn reSn at the
rate nfprsaid Il eu the datP Of said Inst mcn-
tion4ti return anu judgment. and that plain
lifts have execution theref 7.
The description and particular boundaries
of tho property authorized to be sold under
and by virtue OF his decree. so far az he sa ne
can ba ascertained from the mortgage above
rcE.rrcd to, OF from the complaint fled In
tllk action. are rs follows, 10 wit:
All that eertain piece or parcel OF and sit.