The herald., 1893-10-04
summons.

TNTHR SUPERIOR COURT OF TIE COUNTY
of Los Angeles, State Of California.
Sarah 9 Whigham. plaintiff, vs. +. II. Bar
man, Ida Hancock, as admiuistratrix Of the
estate of John Hancock, deceased; Francis r.
Mcdonnell, A. A. Mcdonnell, Robert NC, VII
Richard Roe, Mary Doc, defendants.
Action brought in the superior court OF Los
Angeles county. state Of California, aud the
in the ONCE OF the clerk OF said superior court;
The people of the state of California send
greeting TO F. Barclay, u. J. Hunt, j. ".
Hendrick, j. 5, Chepman, da Hancock, as al
ministratrix OF the estate cf John Hancock, de-
ceased Francis &. MCDONNELL A. A. McDen-
nell, Robert N. c. wilson. H.. :. shields Julia
McErlatn, John Loe, Richard Roe. Mary Doe,
defendants.
You are hereby required TO appear in an ac-
tion brought against you BY the above named
Los Angeles, state OF California, and to answer
the com plaint filed therein. within ten days
(exclu sive OF the day OF service) after the SER
vice on you OF this summous-if served within
this county; or II served elsewhere, within
thirty days. or judgment will be taken
against you according TO The prayer of said
complaint.
The saic action is brought to obtain a decree
OF this court vacatipg aud setting aside the de-
cree OF foreclosure and order OF sale, made IN a
former action in said superior court being
action no. 14,324 on tnereglster of action OF
ssid court, wherein sarah O. Whigham was
plaintiff, and +. II. Barcsay and otuers were
defendants which. said action was instituted
for the purpose of forecosing the mortgage
hereinafter referred 10; and also vacating and
setting ASIDE the sale made on the 18th day OF
Nov mber, 1891, in pursuance OF the said de-
scree OF foreclosure. Dnd also vacating the
snerihs certificate OF ia e issu. d in pursuance
OF said 50 e. which. san certificate OF SAFE is
recorded in book s. sherifTs certificates Of sal,
page I'll and also vAcating ano setting aside
the sherifi's deed, made by the sheiin of said
county to said plaintiff in pursuance Of said
certificate on November 18Th, 1891, recorded
hnal r.fA AAr x.,fra . fh..f - ntnnn ~
the county recorder of said county of Los An
les Also TO recover Judgment against The
said defendant, F. H. Barclay, for the
sum of f5731 61 with interest," at the rate OF
IL ner cent per aunum from November b,
1880. compounding quarterly; also to obtain a
decree OF this court for the foreclosurelof
mortgage described in said complaint and exe-
cuted by the said defendant r. Ii. Barclay, on
the 9Th day Of May. A. d. 1888, to secure the
psyms mt of q certain prom.ssory note, made by
sa defendant f. II. Barclay, on said 9TH day
May. A. u 1888, to said plaintiff for $4,000
gold roin. upon which said promissory note
and mortgage there has been paid the sum OF
sorry note and mortgage there is due and unpaid
a balance OF $5731.61, with interest thereon at
the rate of ~ per cent per anaum, from No
yember5. 1889, compounding quarterly; also
to recover judgment for the sum of $21 20 laid
out and expended by p.aintif for taxes upon
the mortgaged premises, and for interest there
on at II per cent per apnum, componndng
also for the sum of $500 as reason
able counsel fee of plaintiff herein, as
provided in said mortgage; that the prem
ises described In said mortrage may be sold
and the proceeds applied to the payment of
the amount the court shall ascertain to be due
on said note and mortgage, or other, and for
such taxes. and for counsel fees, and for costs
of suit; and in case such proceeds are not sufi-
oient TO pay the same, then 10 obtain Judgment
for the deficiency, and an execution against
said defendant, +. H. Barclay and also that
each and all of the defendants, and all persons
claiming by. through or under them, or either
OF them, may be barred and forever foreclosed
of all right, title. claim, lien, equity OF redemp
tion and interest in and to said morIgaged
premises, and for the appointment OF q receiver
for said premises, and for other and further
relief. Reference is had to said complaint for
particulars.
And you are hereby notified that If you fail
to appear and answer the said complaint us
above required, the said plaintiff will apply to
the court for the relief demanded in said COM
plant.
Given under my hand aud the zeal of the
superior court of the county of Los Angeles
state OF California. this 10Th day of April, in
the year OF our Lord one thousand eight hun
dred and ninety-thres.
[sEAL T. H. WARD, Clerk.
by A. w. sEAvER, Deputy Clerk
2: B. West and wellborn Hutton atty's for
plaintiff 'S-29 63t