The herald., 1893-10-20
Summons.


TN THE SUPERIOR COURT OF THE COUNTY
/ of Los Angeles, State OF California.
Sarah c. Whigham, plaintiff, vs.. T. u; Bar
clay, H. J. Hunt, J. W. Hendrick. J.. s. Chap
estate OF John Hancock, deceased; Francis E.
Mcdonnell, A. A. Mcdonnell, Robert NJ G. VIII
son, II. $, Shields. Julia McErlain, John Doe,
Richard Roe, Mary Doe, defendants.
Action brought In the superior court OF Los
Angeles county, State of California, and the
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. J. Hunt J. W
Hendrick, j. S. Chapman, Ida Hancock, as ad-
midistratrix of the estate of John Hancock. de
ceased; Francis 4. Mcdonnell, A. A. MELON
nell, Robert N. c. Wilson, II. s. Shields, Julia
McErlaiu, John Doe, Richard Roe, Mary Doe
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 ii served elsewhere, within
thirty days, or Judgment will be taken
against you according to the prayer oi said
complaint.
The said action is brought to obtain q decree
of this court vaeating and setting aside the
decree of foreclosure and order of SALE made In
a former action in said superior court, being
action No. 14,324 on the register OF action ol
said court, wherein Sarah c. Whigham was
plaintiff, and +. 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 o
November 1891, in pursuance OF the said de
cree of foreclosure; and also vacating the
she.iff's Certificate of sale issued in pursuance
of said sale, which said certificate of sale il
recorded in book =, sheriff's certificates OF sale
page II and also yacating and setting aside
the sheriffs deed, made by the sheriff of said
county to said plaintiff III pursuance OF said
certiiicate on November Is, 1871, recoroeo
in book S02 of deeds, page 2, in the oflice o.
the county recorder of said county of Los Am
geles Also to recover Judgment against tht
said defendant, +. II. Barclay. for the
sum of $o731. I'll, with interest at the rate OF
IL per cent per annum from November .,
1889, compromising quarterly; also 70 OBTAIN .
decree of this court for the foreclosur OF a
mortgage described in said complaint and exc
cuted by the said defendant, I. H. Barclay, on
the 9th day of May A. ID. 1888, to secure the
payment of a certain promissory note made by
said defendant, F. Ii. Barclay, on said 5th day
of May, A. d. 1883, TO said plaintiff, for $500
gold coin, upon which said promissory note
and mortgage there has been paid the sum o.
$767, and no more, and upon which promis
sorry note and mortgage there is due and unpaid
balance OF S573l.61, with interest thereon al
the rate of II per cent per annum, from NO
vember 5. 1889, compromising quarterly; alse
to recover Judgment for the sum of $2l. 20, laid
out and expended by plaintiff for taxes upon
the mortgaged premises, and for interest there
on at IL per cent per annum. compromising
quarterly from December 20, 1890, and alse
for the sum of 5000 as reasonable counsel fee
OF plaintiff herein, provided in said mort
gage; that the premises described in saio
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 fol
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, L. II. Barclay, and also that each and al
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
and interest in and TO said mortgaged
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 ii 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
plant.
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 IT. II. WARD, Clerk.
BY A. w. SEAvER, Deputy Clerk.
T.. b. West and Wellborn 4 Hutton, attorneys
for plaiutiff S-29 63t