The herald., 1893-10-28
Summons.

TN THE SUPERIOR COURT OF THE COUNTY
L of Los Angeles, State of California.
Sarah {. Whigham plaintiff vs. T. II chaI Bar
man, Ida Hancock, as administrators of the
estate OF John Hancock, deceased; Francis e.
son. H. s Shields lula McErlain John Doe.
Richard Roe, Mary Doe, defendants.
Action brought iu the superior court of Los
complaint 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 +. II Barclay, II. ]. Hunt, j. w.
Hendrick, ]. S. Chapman, Ida Hancock, as ad-
midistratrix of the estate of John Hancock. de-
ceased; Francis E, Mcdonnell, 4. A. Melon
nell, Robert n. c. Wilson, H. S. Shields, Julia
McErlsin, John Doe, Richard Roe, Mary Doe,
defendants
You are hereby required to appear in an
action brought against you by the above named
plaintiff in the superior court of the county OF
Los Angeles, state of California and to answer
the complaint filed therein within ten days
exclusive OF the day of service) after the SER
vice on you OF this summons-if served within
this county; or if served elsewhere, within
thirty days, or Judgment will be taken
against you according to the prayer OF said
complaint.
The said action is brought to obtain decree
of this court .vacating and setting aside the
decree of foreclosure and order of SALE made in
former action in said superior court, being
action No. 14,324 on the register OF action of
said court, wherein Sarah c. Whigham was
plaintiff and f. II. Barclay and others were
defendants, which said action was instituted
for the purpose of foreclosing the mortgage
hereinafter referred to; and also vacating and
setting aside the sale made on the 18th day OF
November, 1891, in pursuance OF the said de-
cree of foreclosure; and also vacating the
she:iffs certificate of sale issued in pursuance
of said SALE which said certificate of sale is
recorded in book Z, sheriff. certificates OF sale,
page 211; and also vacating and setting aside
the sheriff's deed, made by the sheriff Of said
county to said plaintiff in pursuance of said
certificate on November Is, 1891, recorded
in book sO2 of deeds, page >, in the Office of
the county recorder OF said eountyof Los An
geles. Also to recover Judgment against the
said defendant F. II. Barclay, for the
sum of S5731.61, with interest at the rate OF
II per cent per annum from November .,
1889, compOunding quarterly; also to obtain ii
decree of this court for the foreclosur OF
mortgage described in said complaint and exc
cuted by the said defendant, +. III. Barclay on
the 9TH day OF May, A. d, 1888, to secure the
payment of certain promissory note, made by
said defendant, +. Ii. Barclay on said 9th day
of May, A. D. 1888, to said plaintiff for $500
gold coin, upon which said promissory note
and mortgage there has been paid the sum OF
1867, and no more and upon which promis-
sOry note and mortgage there is due and unpaid
a balance OF $5731.6 81, with interest thereon at
the rate of IL per cent per annum from No
vember 3, 1889, compromising quarterly; also
to recover Judgment Tor the sum OF S21 20, laid
out and expended by plaintiff for taxes upon
the mortgaged premises, and for interest there
on Mt II per cent per annum. compromising
quarterly from December 20, 1890 and also
for the sum OF $500 as reasonable counsel fee
of plaintiff herein, as provided in said mort
gage that the premises described in said
mortgage may be sold and the proceeds ap-
Piled 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 sufficient to pay the
same, then to obtain Judgment for the def
cheney, and an execution against said defend.
ant, +. II. 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 redemption
premises, and for the appointment of re.
ceiver for said premises, and for other and
further relief Reference is had to said COM
plant for particulars.
And you are hereby notified that if you fail
to appear and answer the said complaint as
above required, the said plaintiff will apply to
the court for the relief demanded in said COM
plaint
Given under my hand and the seal 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-three.
[sEALl IT. II. WARD, Clerk.
By A. w. SEAvER, Deputy Clerk.
T. B. West and Wellborn & Hutton, attorneys
for plaintiff S-29 63t