The herald., 1893-09-13
Summons.
INTHEsuPRRIoR oouRr oF THE COUNT

TNTHESUPRRIoR COURT OF THE COUNTY
Oh Los Angeles, State Of California.
Saran 9; Whigham, plaintiff, VS.. \. H. -
man, Ida Hancock, as Administrative OF the
estate OF John Hancock, deceased; Francis X.
MCDONNELL, A. Mcdonnell. Robert N. C. Will
son, IL. :: Shields, Julia MERRIAM, John Doe,
Richard Roe, Mary Doe, defendants
Action brought in the superior court of Los An
geles county, state OF California, and the COM
the office of the clerk ofsaid Superior court
The people OF the State of California send
greeting TO II. II. Barclay, H. ]. Hunt, j. w.
Hendrick, J. s. Chapman, Ida Hancock, as ad-
ministratrix of the estate of John Hancock, de-
ceased; Francis K; Mcdonnell, A. A. McDon.
nell, Robert N. O. Wilson, II. s. Shields, Julia
McErlain, John Doe, Richard Roe Mary Doe
defendants.
You are hereby required to appear in an ac-
tion 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 servtce) 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 vacaIing and setting aside the de-
former action in said superior court, being
action No, Ia. .324 on the register Of action of
SAID court, wherein Sarah c. whigham was
plaintiff and r. H 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 toe sale made on the 18th day of
November, 1891, in pursuance of the said de-
cree OF foreclosure; aud also vacating the
sheriHs certificate of sale, issued in pursuance
OF said sale, which said certifcats of sale is
recorded in book 8, sherif7s certificates of sale,
page 21l and also vacating and setting aside
the sheriffs deed, make by the sheriff of said
county to said plaintiff in pursuance of said
certificate on November 18th, 1891, recorded
in book S02 of Deeds page 2, ia the office of
the pOuntV recorder Of said of T,oe N
geles. Also to recover judgment against the
said defendant F. Fl. Barclay for the
sum of $5731.6l. with interest at the rate of
IL per cent per annum from November B,
J lS89, compounding quarterly; also to obtain a
decree of this court for the foreclosure OF q
mortgage described IN said complaint and exe-
cuted by the said defendant. F. H. Barclay, on
the 9th day of May. A. D. 1888, to secure the
payment OF = certain promissory note, made by
of May, A. d. 1888. to said plaintiff, for $5 800.
gold coin, upon which said promissory note
and mortgage there has been paid the sum of
$767, and no more, and upon which promis-
sorry note and mortgage there is due and unpaid
q balance of $5731.61. with interest thereon at
the rate of II per cent pei, ,snnum, from No
vember 3. 1883. compromising quarterly also
to recover judgment for the sum OF $21. 20 laid
out and expended by plaintiff for taxes upon
the mortgaged premises, and for interest there
on at IL per cent per annum, compounding
quarterly, :, from December 90 1890. ana
also for the sum of 5000 as reason
provided in said mortgage; that the
premises described in said mortgage may be
sold and the proceeds applied 10 the payment of
the amount the court shall ascertain to be due
on said note and mortgage, or either, and for
such taxes. and for counsel fees and for costs of
suit; ard in case such. proceeds are not sufii-
cient to pay the same, then to obtain Judgment
for the deficiency, and an execution against
said defendant, F. 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 redemp
tion and interest in and to said mortgaged
premises and for the appointment of receiver
for said premises, and for other and further res
lief. Reference is had to said complaint 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
rlaint.
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.
[SEAL.l T. H. WARD, Clerk.
BY A. ". SEAvER, Deputy Clerk.
q. B. West and Wellborn & Hutton atty's for
plaintiff. S-29 63t