The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1889-06-08

covered Judgment against Joseph >. Gar
others In an action wherein the said /. I.
Poujade 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 Oh
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.
7. c. PouJADE aud
N. b. GAKAGlIAN. Plaintiffs,
JOSEPH s. CARoTHERs, Defendant.
This cause having this day been brought on
10 be heard upon thu complaint of the plain.
lifts. and the answer OF the defendant and the
parties plaintiffs aud o,fenJant appear
ing BY attorneys, and upon due proof OF
thu fling of notice of the pendency of this
action, containing the names of the parties
TO, and he object of the action, and a de-
scription of the property affected thereby ut
the time of the commencement of said action,
10 wit: MAY sd, 1875, III the Office of the
County Recorder of the said County Of White
Piue, Stale of Nevada. where sald property Is
situated. aud the plaintiffs having introduced
their testimony, oral and documentary, and
the Court having heard the proofs necessary
To enable it TO render Judgment herein' ana 1t
satisfactorily appearing 10 the Court there.
from thai the allegations OF plaintfseompiai
arc all true, anu that there is low due 10 the
plaintiffs from the said Joseph = Carothers,
defendant on the note and mortgage set forth
in plaintiff complaint, the sum oil Fourteen
hundred and fOrtN-hve and ab-iuo tSl,44o abl
dollars, with interest thereon at the rate of two
O. per cent. per month from the nth day Of
June, isss, amounting 10 the further sum OF
Four hundred and niney-tlre1 aad 4O1t0
(S4Q3 4nl dollars, and also ten per cent. OF SAID
claim for atlorne1s fees IN ioreelOsiug 81 d
mortgage, amounting 70 the further sum of
One hundred and fortyfour and 55-lO0
ILL - dollars, and amounting in the aggre-
gate 10 the sum of Two thousand and eighty
three and o. O0 tSs,uSl 81 dollars, and TINT
Fourteen hundred and fnrty-dye and 1910
81 AS 81 dollars of said sum shall draw in
forest from the date hereof until paid a. the
rata of two - per cent per outh.
Now, therefore, b. reason OF he law and
promises, and upon motion Of A. II. Cheney.
Esq. of counsel for said plaintiff, Ii
is Ordered, Adjudged and Decreed, That
all md singular the mortgaged premises
described in said complaint and hereinafter
desert bed or much Thereof as may be suill
Client to raise the amount due plaintiffs as
aforesaid, and CO Is of suit and expenses of
sale, be sold at public auction BY aud under
the direction OF the Sheriff of said County Of
White Pine, where said mertgagcd promises
are situated; That said sale be made al the
front door of the Court House Of aid
County of White Pine. in the Town of Ely
therein; 4 hat said Shoria give public nolico
of the time ana place OF such sale according
to the course and practice 81 the Court ana
the law relative TO sal : nf real estate under
exeeotinn. Ihat the plaint IL or any of the
at such sale, and ihat tho sud Shell after
tse time allowed by law fer redemption has
expired. eN cute decd u III" purchasers OF
said MOI. -aEed premises Oh In = said sale.
That the Sheriff out Of the proceeds
oil ad snla retain his fees, disbarse-
menls and commissions On said sale
and pay "a The plaintiffs or their
uffnrne.- .,stt of SAID proceeds their COSTS i'm
this case, lazud nj the sum OF Forty-two and
4u-luD 80 H. d0llis, and the snm of One
hundred and hiiy-iour and a5-lto tSlS4 ~
collars, fixed by said mortgage and allowed
nv the Uonrt as attorneys lee for foreelos-
EEc: and also that the sum of Nineteen hun
dret and thirty eight and H-lO 4 ,n's s7l
dollars 80 found due n aforesaid, With interest
Fourteen hundr. d aud ioriy-ive anu 56-l5O
81 AS 30 dollars thereof from the date here
of at the rsie al two - per cent. per month ;
or so much a. 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 persons having liens subsequent 10 said
mortgage, by judgment, decree or otherwise,
upon the land described In said mortgage, and
all peEsons claiming under them. and all per
sons claimin. to have acquired any interest
In said premises subsequent 10 the hliug
OF saIa notice OF the penaeuey of this action
with the Recorder "a aforesaid, be and the
saaae are forever barred and foreclOsed Of and
fiom all equity oi redemption and claim in,
of and to said murtgaged premises and every
part ard parcel thereof from aud after the
delivering of the said Sherih-s deed IA afore
said.
And ii IL further Ordered. Adjudged and
Deerced thai ths purchaser or purchasers Of
said mort-ng.d premises at such sale let
into possessioa thereof, and that any Of the
parties TO this action who may be in posses
sion of said remtscs OF 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
posscssl on b. reef to such purchaser or pur-
chasefr ON production OF the sheriff. said
deed TO such premises or any part thereof.
And IL il further Ordered, Adjudsed aud
Deerseds that VI the moneys arising IRON The
said .sale she'll be insufficient 10 pay the
amounts So found due TO the plaintiffs "a
abov stated. with interest and Cost and ex-
pcusesUf sale ~ aforesaid, the sheriff specify
the amount OF such deficiency and balance due
the plaintiffs in his return Of said -aie, and
that ON the coming in OF said return a judg-
mcnt of This Court shall be duekctvd for such
balance against the defendant, Joseph ;.
Caroihers, aud that the said Joseph
Carothers. Who Is personally liable for the
payment of tho debt secured by said MORT
gage, pay the said plaintiffs the amount of
such deficiency. With interest tn reon a, the
ratio nfofsafu n em lie uat' Of said last MEL
tiopea n tain ana Judgment, and that pain
tifFs have execution theref r.
The description and particular honndaries
of the properly authorized TO be sold under
and By virtue OF this decree. So tar as he same
cau be- Scrrfained from III" mortgage above
refefred d. or iron the Complaint filed in
this aetion, are hs fbl'ows, 10 wit:
All that certain piece or parcel OF land sit
mated in the Vonty Of " bite Pine. State Of
Nevada, and bounded and described a, fol-
lows: All of said Joseph ;. caFothers' nn-
dvidtHi tllree-ei Che l3sl iptcrest n all OF the
property, rNai orpersoilnl owned or claimed
by the individuals ding business ~ The
Argas Mining Company, or 10 Wit: An un-
divided Ihree-eighths "a Of the patented
claims. knowp a. rhe Self Cocker, The sun