The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1889-11-23


rember. 1855 recovered 4 judgment against
J. ) CGrothers IA an acti0n n herein tue said
Sol Hip Vas p.ziII8u snd tie said = :.
CArolhefs. u 3. oar4ghAn ana l. = foe.
jsds. we're oef sudsais, aieh SAID jussnsh b., Is
recorded in Jaazmeat Box !. oi t1s sad Di.
trict Court, % vasr -. and watch y In iae
words and nguses IOil0~ n. Ia VI;
IN THR District COURT OF fiIE
i state " Argzds. in and 80 me CO1nis Of
White Pine.
SOL HIP. P.aintia
is cAkoTHERs-
GAnatfnAN AMI
TC PUlJAD1, Ueie1d4lis.
Decree Of Foreclosure and sale in open
courE. SoE. =. A. d. le5e-
This cause having THIS day been brought on
70 be heard upon tie compliant HE'D theTein.
taken - confessed b. the defendant, }. ,
caroihers. and this zction having been dis
missed ss 70 the a-ieHdants. n B. 0araghsn
and I. l.. Ponjade, and as 10 the said defend
ant ]. ). CzrUthers whose default for not
answering thereto has been duly entsredl, aud
upon due proof Of ding Of notice Of the pen
deney Of this sail Upon the day Of the com
mencement thereef, and upon the oral sHorn
and documentary testimony Hhich vas intro
duesd on the Trial, from which It appears that
there was due ~ the plai tn ~ the date
Of said mortgage. 10 vii. on the eighteenth
day Of jane. A. ID. l8s7, for principal aud
Interest upon the de9t and mortgage mention
ed and set forth II the cen plzihl tne sum OF
Twelve hundred aid hfty 81 III dollars IN
lawful money Of the Dnited states, besides
interest thereon a. itA rate Of one per Cent
per month il like money lrOn rad date until
paid, besides one hundred tslvu) dollars IN
ike money as al attorneys Zee herein, max
ing Thirteen hundred and my 81 .S5Ul dollars,
besides interest, anc. On motion of Henry
Riyes Of counsel Tor the plaintiff. Sol Hip,
IL Ordered, Adjudged aud Decreed. that
all and sing ular the moftgazed premises men
81 in he
hereinafter described. Or 80 much thereof as
may be sufficient 10 raise the amount due 10
the plaintiff for tn principal aud interest
and costs in tho suit and expenses OF sale,
and which may be sold separately, without
material injury TO The parties Interested, be
sold Al puzzle auction by and under the
direction OF the Sheriff Of Lhs county where
said mertgaged premises are situate; that
said sale be made IN said County; that the
Sheriff give public notice VI the time and
place of such ssle, according to the course
and practice Of the Court and be law reiatIVe
70 sales Of real estate under execution;
and that the plaintiff or any Of the parties 10
the suit, mzy become the purchaser al snch
sale; and hat the raid sheriff after the time
allowed BY Law for redemption has EXPIRED
execute q deed 70 The purchaser or purchasers
of the mortxaKed premises N the said sale.
And IL 10 further Jrderei, Adjndged and
Deerred, that the sad sheriff. out Of the
proceeds Of said sac. rSfain his lcSr, us
bursemcnts and commissions on said sale. and
said proceeds. his cO,fs IN ihis suit. tax ct
S5A IS, and also the amount 70 Reported uue as
AFORESAID, together With interest 1T iLe rate
of one per cent. pr mVntn trim tue unte oi
this decree. or 80 nneh thereo' - TIE saia
proceed. Of sale viii pay VI The same, s.d
that the said sheriff take receipts for the
amount 30 paid anG return The anie 10 this
Court with his report. ahG that &c bFiIs he
surplus money arising from said sac. u any
there be, into Court. .ithia nss uays alter
such surplus shall have been received and
shall be sscertaiued, ~ -b.ds tbs further oder
Of this Court
And IL il further oIder'd, Adjudged and
Decrrsd, that the defendant abb all persons
claiming or TO claim irptn or under aim, and
all persons having lienr subsequent 10 said
mortgage by Judgment or decree upon The
land described In said mortgage. and hi or
their personal reprct entafives, and all per
sons having any lien or claim by or Under
such subsequent Judgment or decree. and
their heirs or persvnai representatives,, aud
ali persons claiming under them. be forever
barred and foTeclosed Of and from all equity
of redemption and claim of, 10 and to he said
mortRaged premises aud every paTt and PaT-
eel thereof nom aid after the delivery Of the
said Sherif's deed.
And il is fu Their Ordered, that The rnr-
chaser or purchasers oil said m0rtgsged prem
ises, from the time Of such sale until tbs re-
demption. or II there be no redenptio un-
til the execution and delivery OF the Sheriff 3
deed; and the redemption from The time
shall be entitled TO receive from the tenant
in possession the rents OF the property sold
or the value of the use and occupation thereof.
And IT Is: further Ordered, AdJndged and
Decrsed, that the purchaser or purchasers VI
said mortgaged premises at such sale DC let
into possession thereof and that any OF the
parties To- this cause who may be in posses
sion of said premises or any part thereof, aid
any person who since the commencement Of
this suit has come into possession under them
or Either of them. deliver possession Thereof
20 such purchaser or purchasers on pToduc-
ton Of the Sher frs de d for such l,reniiers.
AID Ills further ordered anu Dccrct,i, that
II the moneys arising from thu saii -al. shall
he insufficient TO pay the amount 20 r"l"'Iad
due TO the plaintiff, with the interests ana
costs and expenses Of sale NJ aforesaid that the
sheriff specify the amount of snch aciiciercy
In his report OF said sale. anu taa.t OF tBc
coming In and confirmation NJ said rrroii, HE
defendent, i. y. Carotherr, WIN II prrson
ally liable fer the payment ui the u.oi
cured by the said mortgage. pay T. the SAID
plaintiff the amount OF Sueh donciehSy, win
Interest thereon at the rate OF one l'rT cent.
per mouth from, the date Of the lat men
toned report, ana that the p'aintin Dave
execution therefor.
The description and particular boundaries
of the property authorized TO DC sold ubdcr
and by virtue of this decree, go lar as the same
can be ascertained from the merigHge above
refer red to. 7 from tho com plant died IN ID
cause, ars as follows. VIE: An undivided
three-eighths a portion VI, in, to snuc Dcefi
ing those certain mines ana mining Claims
known ss and called the Seif-Cockei" anu
"Suurise,n the Noodle Bug" the . Nep-
In and very near TO the Town u Taylor and
fin con stamp Quartz Sill, which is known
as and called the Argus Mill" and winch 10
seven or eight miles norihwesterls from said
To N of TAYLOR: and also thrce-eiRbth- ~