Los Angeles herald., 1891-05-22

TN THE SUPERIOR COURT OF LOS AN
i geles County. State of California.
Charles NJ Plum, George Schonewald and
Edwin b. Mastick, surviving Trustees OF the
James Lick Trust, plaintiffs, VS.. George X.
ShattO, The International Mining Syndicate,
Limited, a Corporation organized and existing
under and by virtue of the laws of Great Britain,
The Santa Catalina Development Company,
Limited a company incorporated under the
Joint Stock Companies Acts, 1862 to 1889.
John Medley Stuart, George o. Ford, Frank o.
Whitley and Patrick O'Neil, defendants.
Action brought in the Superior Court of Los
Angeles county, state of California, and the
com plaint filed in said county of Los Angeles,
in the Office of the clerk of said Superior Court:
The people OF the State of California send
greeting to George K. Shatto, The International
Mining Syndicate, Limited q corporation
organized and existing under and by virtue OF
the laws of Great Britain, The Santa Catalina
Development Company, Limited. company
Incorporated under the Joint stock Companies
Acts, 1862 to 1889, John Medley stuart George
O. Ford Frank o. Whitley and Patrick o Neil,
defendants.
You are hereby required to appear in an
action brought against you by the above named
plaintiffs in the Superior Court of the county OF
Los Angeles, State of Cali lifornia ana to answer
the complaint filed therein within ten days
exclusive of the day of service) after the
service on you of this summons, if served
within this county, or if served elsewhere
within thirty days, or judgment by default Will
be taken against you according to the prayer OF
said complaint.
of this court for the foreclosure of a mortgage
described in the said complaint, and executed
by the said George R. Shatto on the llth day
OF August, 1887, to secure the payment of five
certain promissory notes of even date with said
mortgage, each for the sum OF S26,66666, pay
able respectively in one two, three, four and
FIVE wears after the date thereof by said George
R. Shatto to Richard s. Floyd, Charles M Plum.
George Schonewald and Edwin B. Mastick,
Trustees, ETC., or majority OF them or the sur
viyors of them, and payable only in gold coin
of the United States with interest thereon at
the rate of six per cent per annum from
date until paid, payable quarter annually,
and if not so paid to be compounded with
the principal and bear the same rate of interest
as the principal. All OF said notes are now due
under the terms of said notes and mortgage by
reason of the failure of the payment of interest
thereon, as provided in said notes and mortgage,
upon which said notes there now remains due
and unpaid the sum OF $ll5,l 50 "a, together
with interest thereon. at the rate of per cent.
per annum, from November 11th, 1890, said
interest to be compounded with the principal
every three months ana bear the same rate OF
interest as the principal.
That the premises conveyed by said mort
gage, Except that portion thereof heretofore
released from the lien. of said mortgage by in
strument in writing duly executed by Richard
s. Floyd, Edwin Mastck, George Schone-
wald and Charles NJ Plum. trustees, of the
James Lick Trust dated the 9TH day of Novem-
ber 1885, and recorded in book 20 of releases,
page 262, records of Los Angeles county.
copy of which said release is attached to the
complaint filed in the above entitled action),
may be sold and the proceeds applied to the
payment OF the amount remaining due and un-
paid under said prom1ssory notes, together with
attorneys fees in a sum equal to five per cent.
on the amount found due to plaintiffs and costs
in this action That all said sums may be made
PAYABLE in gold coin of the United States; that
said sale may be made for like gold coin; and
if il appear from the sheriffs return that there
is balance due to the plaintiffs after applying
all the moneys applicable thereto to the
pavment of the amount found que and
payable as aforesaid, that the defendant
George r. Shatto may be adjudged to pay such
deficiency in like gold coin, and that plaintiffs
NAV have execution therefor, and also that the
defendants and all persons claiming by through
or under them or either Of them, may be barred
and foreclosed of all right title, claim, lien,
eouity of redemption and interest In and to said
morteaged premises; and also that a receiver be
appointed to take possession Of the land upon
which said mortgage Is lien to collect tho
rents and profits thereof, and lease control and
manage the same during the pendency of this
action and for further and other relief. Refer
ence is had to the complaint for further partic-
ulars.
And you are hereby notified that if you fail
to appear and answer the said complaint as
above required, the said plaintiffs will apply to
the court for the relief demanded in said COM
Given under my hand and the seal of the Su-
perior Court OF the county of Los Angeles state
of California, this 14th day of February, in the
year OF our Lord one thousand eight hundred
and ninety-one.
BY A. W. SEAvER, Deputy
John D. Bicknell attorney for plaintiffs
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