The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1889-05-25

In the District Court of the State of Ne
vada County of White Pine.
T. c. PoUJADE and
n. B. GARAGHAN. plaintiffs,
JOSEPH S. cARoTHERs. Defendant.
This cause having this dAy been brought on
10 be heard upon the complaint of the palm
tiffs, and the answer or the defendant and the
parties plaintiffs and oefendant appear
ing by attorneys. aud upon due proof of
the fling of notice of tho tendency Of this
action. containing the names Oh The parties
TO, and he object OF the action, and a de-
seriptiou Of the property affected thereby ut
the time Of tho Comm encement OF said action,
70 wit: May 3ad, 1885, IL the Office Of the
County Recorder OF The said County OF White
Piue, Stale OF Nevada, where said property is
situated. and toe plaintiffs having introduced
their testimony. eral and documentary. and
the Court having heard the proofs necessary
TO enable Il ~ Fender Judgment herein, ana L
satisfactorily appearing To thu Court there
from thai the al legations oil plantIfScOmpialu
ara all true. and that thero Is Low due 10 the
plaintiffs from The said Joseph ;. Caruthers,
defendant on the note and mortgage set forth
IN plaintiff complaint, the sum of Fourteen
hundred and forty-iiye and 30 100 3 40 0b1
dollars, with interest thereon at the rate of two
C2l per cent. per mont h from the l1ih day oil
June, 1857, amounting ~ the luther sum of
Four hundred aid ninety-threa and fO-lUo
(s493 40) dollars, aud also ten per cent. Of said
mortgage, amounting 10 the further sum Of
One hundred and forty fur and 3o-l03
iSl4t 55l dollars, aud amounting in the aggrO-
gate TO the sum OF Two thousand and eighty
three and 52-lO0 ts2,063 ~ dollars and that
Fourteen hundred and forty;iye and $500
81 ,445 So dollars Of SAID sum shat dtaw in
tSrest from the date hereof until paid at the
rate vi two ~ per cent per onth.
Now, therefore, By ro2son OF the law and
premises. and upon motion Of A. Il. Cheney,
ESQ. o! Counsel for said plaintiffs, 1t
is Ordered, Adjudged and Deereed, That
all and singular the niorlgaged premises
described III said complaint and hereinafter
deaori bed. or 80 much thereof a. may be suiii
Client to raise the Hmount due plaintiffs rs
aforesaid, aud cotts of suit and expenses of
gale, be sold at public auction b. AID under
the direction, OF sthe eherf Of SAID Jopnty Of
White Pine, where said nortsaged premises
are situHfcd- That said sale be made at the
front door Of the Court House Il aid
County of Nhite Pine. IN the Town - EtY
therein; / INT said Shorih give pablic notice
Of the time and place OF such sale according
10 the course and practice of the CutItt and
the law relative to sal 81 real estate Under
executian. HAT the plaintiffs or any II tbe
paies To thl- stit may bccnhe Tie urehaser
at such sale, and thai the said sheriff uittY
tee tine allowed by law Tor redemption has
expired execute decd u fhe pHrch ssers Of
sald niorfssgei premises on the said sale.
That tho Sheriff. OFT OF The proceeds
OF ,ad fal5 retain his fees, di>hgrse-
and pay 10 IL plaintiffs or their
attorney out Of said proceeds heir cpsis in
this case, iaxed at the sln Of iorty-two and
40-lre ts43 .0l dollar, and The sum of One
hundred and nfy-fudr aud a5-le0 SID 81
doiiars, f,.rd by sei1 mo t<aee and allowed
by the Court as attorney 3 iee for ioreelos-
urr: and alrn thai no ruiu Of Alnrtecn hnn-
drea and thirty .slsat aac gi-lm lies -
dollars 80 found dis n tlfore-ad. With intt rest
Fourteen bnndrsd ana iory-hYo and 5t-l00
81 ,ii5 5Jl 0ollars thereof from the date here
ri at the rate ui tAol2) per cslt. per month;
or 30 much Us thr said proceeds of sale viii
pay of the sunle,
That the said d,fvndant aud all persons
claiming or to claim ilom Oi uBdsr him and
all persons having liuns subsequent 10 snid
mortgage, d. luhgment. deeree or 9th erwise,
upon tbelan described Ia said inortaag ana
all persons claiming under then and al Pei
sous claimin. 10 have acquired any interest
In said premises subsequent to the Glug
OF sald notice. Of tue psnuuacy OF this action
with the Recorder as aforesaid, be aud the
same IRE forever barred and foreclosed of ana
from ALI equity 81 redemption and claim in,
of and TO said mortgaged premises and every
part and parcel iheTei ffoin and after The
delivering OF the said Shefif's deed n aiore
said.
Aud il l. further Ordered, Adindged and
Deerced that the purchaser or purchasers of
said mortgaged premises at such sale Q lot
Into Possession thereof and TINT any OF the
parties to this action who may be In posses.
sion OF said remiscs or any part thereof, aud
any person who since the commencement
OF THE aciien has come into possession there
Of liuder them or either OF Them. deli yer
possession thereof to such purchaser or pur-
chasers on prodnetiou o. the sheriff said
deed TO such premises OF any part thereof.
Aud 1t n further Ordered, .Adjadgod and
Deereed, that IL tho nloneyS arising from the
said snle shall he insufficient to pay the
amounts 50 found due To the plaiutIfis as
abnye stai,sd. with interest and Cost and ex-
peiIscs Ut sa e ns aforesaid, the Sheriff specify
the amount OF such deficiency and balance due
the plaintiffs in his return OF said saie, and
that on thu coming in of said return Il jud--
ment of this Court shall he dccketed for such
balance against the defendant, Joseph =.
Caro- hers. aud that the said Joseph )
Carothers, who ~ personally liable for the
payment of no deot secured by eaid MORT
gage, pay the said plaintiffs the amount OF
such deiiciency H.th inscl ~ thereon at the
ratefaf0tsAid iem the date OF said last mem
toned return ana judgment, and that plain
tiffs have execution thcrcf r.
The description and particular boundaries
Of the property authorized to be sold under
and by virtue os his decree, 50 he same
can be asses rtAined from thg mortgage above
REFERRED TO, or frbnl the COMPLIANT filed IN
this action, are follows, 10 wit:
All that certain piece or parcel Of land sit
uated in the conty Of White Pine. State of
Nevada, aud bounded and described az fol-
lows: All OF SAID Joseph $. Carothers' IN
DIVIDED thrce-eights 1881 interest in all Of the
property real or personal, owned or claimed
by the individuals Going business ~ the
Argus Mining Company. or 10 wit. An un-
divided three ighths ga of the patented
claims knowp as Tue Sslf Cocker, The sun
rice, befHk ~ Taylor Mniug District, White
Pine County, Nevada AlSo, AZ undivided
ihree-ei 20 tbs Ca interest in aud to two hun
Hr.sd md two * OLA al patented land