The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1889-07-06
+. c. POUJADE and
VI. b. GARAGHAN. Plaintiffs.
Vs..
InSEPu = AROTHERS. Defandnnt.

This cause having this day been brought on
to be heard upon the complaint Of the pain
tiffs. and the answer or the defendant and tue
parties plaiutii1s and defendaut appear
ing by attorneys, and upon due proof of
tho hing Of notice of the pendency of this
action containing the names OF the parties
TO, and hr object of the action, aud de
scriptlon Of the property affected thereby ut
the time of he commencement of said action,
TO Wit: May 3rd, 1888, in the Office of the
County Recorder of the said County of W hite
Pine, Sta.e OF Nevada, where said property is
situated. and the plaintiffs having introduced
their est mOny. oral and documentary and
the Court having heard tho proofs necessary
to enable IL 10 render judgment herein, and II
satisfactorily appearing 10 the Court there
from that the allegations OF plaintltiscompiainl
arc all true, ana that there is now due 10 the
plaintiffs from the said Joseph 5. Carothers,
defendant on the note and mortgage set forth
in plaintiff complaint, the sum Of Fourteen
hundred and forty-iive and 5b-i0O 81 .4lo 800
dollar, with interest thereon Mt the rate of TWO
@ per cent per month from the 18th day Of
June, 1857, amounting TO The luther sum OF
-Four hundred and ninety-thres and 40-lt0
(S493 40 duIars, aud also Ten per cent. OF SAID
claim for attorneys fees III ioreclosing said
mortgage, amounting TO the further sum of
One hundred and foTtyfour ana o1-lUO
tfl44 % dollars, and amounting in the aggre-
gate 10 the sum of Two thousand and eighty
three and y 40 (s2,Oe3 81 dollars, and that
Fourteen hundred and turty-.ye and 56-ln
81 40 3d. dollars Of said sum shal draw in
lsrest from lie date hereof until paid at the
rat OF two y per cent per outh.
Now, therefore, by reason 81 the law and
promises aud upon motion Of A. +. Cheney
Esq. o. counsel for sad plaintiffs, u
is Ordrfoa Adiudged and Decreed, That
all nd singular the moTtgaged promises
described III said complaint and hereinafter
deac5i bed OF . much thereof as may be sufi-
cient TO Rae the amOunt due plaintiffs as
aforesaid, and co 4 of suit and expenses Of
sale, be sold at public auction by and under
the direction OF the sheriff Of sad County If
White Pine, where said mertgaged premises
are situated. That said sale be made at The
front door Of the Court House Of aid
County OF White Pine, ~ the Town OF EiF
thereih. hit said Shorln give public notice
A.. tau ne AID place of sch sale according
g. the couito aud practice of the Court and
the ldw relative TO sal s Of real estate under
exec tti"r; lat the plaintiffs OF any Of the
PARTIES n tI.is ant may become Tue purchaser
nj such ruia aud that rho said sheriff aftrr
te t.,ae Flowed by law for redemption has
expired. pz eate a deed u the purchasers Of
su 4 u4ort..agei premises on the said sale.
That he Sheriff cut OF the proceeds
o a 4 saa retain his fees, disburse-
nld ias o. the plaintiffs or their
ATONE ; a. If said proceeds their costs in
tris tasa. taN ID Ut tho sum of Forty-twO and
l0-lu go 81 dollars, and the sum Of Ono
hundred I'D hity-four and 55-l00 (3l54 so
dollars, iX-l by said mpttyage and allowed
by the Court A. attorneys fec for foreelOs
ure. and also thar he sun of Nineteen hun
dret and tiiriy-eight and $500 ~ ,a3S 30
dollars SO found due as aforesaid. with interest
foarieen hnnir,d and toriy-hfe ana 51-l00
Isl 445 Do dollar. thereof from the date here
OF at thu Fate ni two CD per cent. per month;
or 20 much az the said proceeds OF sale viii
pay or he same.
That ire laid defendant and all persons
claiming or 10 claim from OF under him and
ell persons having liens subsequent To said
mortgage. hg judgment. decree or otherwise,
Ia-a
all persons Ginning under them, and all per
sons claiming TO have acquired any interest
In said premises subsequent TO the fllnR
vi said notice Of the pendency Of this action
with the Recorder as aforesaid, be ana the
same are forever barred aud foreclosed of and
from al equity of redemption and claim in,
OF aid 10 said nortgaged premises and every
part and parcel thereof from and after the
delivering al the said SherifNs deed rs aiOre
said. s-s..
And II l. further Ordered, Adiudged and
Decreesisthat the purchaser or purchasers of
said mortgaged premises at such sale lot
into Possession thereof, and that any of the
parties to this action who may BIO in posses
sion of said remlses or any part thereof, and
any person who since the commencement
oil this ac;ien has come into possession thore-
OF undor thfm or either OF them, deliver
possession thereof to such purchaser or pur-
chasefs Oh production Of the sheriff said
deedto such premises or any part thereof.
And 4 Is further Ordered, Adindged aad
Decfteus Lhul II lue moneys A'leln2 rom the
said sale shall DO insufficient to pay the
amounts 50 found due 10 the plaintiffs a.
above stated. with interest and cost and ex-
penses Of sale as aforesaid, the sheriff specify
the amount of such deficiency and balance dee
the plaintiffs i'll his return OF said sale, and
that on the coming IN of said return q judy
ment of this Court shall be docNoted for such
balance against the defendant Joseph ).
Caro- hers, aud that the said Joseph :
Carothers, who is personally liube for the
payment of the debt secured by said mort
gage. pay the said plaintiffs the amount OF
such deficiency, with interest thereon at the
rate Aforesaid nom the date Of said last men-
TONED return ana Judgment and that plain-
tifis have execution theref r.
The description and particular boundaries
of the property authorized to be sold under
and by virtue OF his decree, so far as The same
can be ascertained from the mortgage above
referred to, or nom the compliant filed in
this action are ~ follows, to wit:
all that certain piece or parcel Of and sit
usted in the Couty Of White Pine. state of
Nevada, and bounded and described as fol-
lows All of said Joseph :. Cmnthers' I'M
divided three-eights tlSl interest in all of the
property, real or personal. owned or claimed
By tho individuals doing business as the
Argus Mining Company, or To wit; An un-
divided three-eighths "a of the patented
claims known as The self Cocker The sun
rise, being in Taylor Mining District, White
Pine County, Nevada Also, an undivided
three -eighths (as interest in and 70 two hun
bred and twenty 2s0 acres OF patented land
in Steptoe Valley, White Pine County, state
of Nevada, upon which land Is erected The
ifleen (l5l stamp mill known "a the Argus
Mill; also, An undivided threeeighth Ca in
tarasf ~ "a mill toopfhpr with all and sin