The herald., 1893-09-30

Summons.


TNTHE SUPERIOR COURT OF THE corNrY
i OF Los Angeles, State of California
sarah Whigham. plsintin, VS.. y. II. Bar
clay, II. J. Hunt, J.. ". Heudrck, J. 5. Chap
man, Ida Hancock, as admipisirAtrix OF tho
estate OF John Hancock, dece1Sed; Frant IL V.
Mcdonnell, A. a. Mcdonnell, Robert n. q 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 CalifoaDia, aud 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 F. H. Barclay, II. J. Hunt J. ".
Hendrlck, J. s. Chapman. .da Hancock, as ad-
mini stratrix Of the estate Of John Hancock, de-
csa ed; Francis C. Mcdonnell. A. A. McDon-
nell, Robert N. q. Wilson. n. s. shields Julia
McEriain. John Zoe, Richard 2oc. Mafy Doe,
You are hereby required to appear In an ac-
tion brought against you by the above named
psaintin IN the superior court OF the county o:
Los Angeles, state of California, and to answer
the com iaint filed therein, within ten days
exclusive OF the day of service) after the ser.
vice on you OF this summons-if served within
tuls county; or IL served elsewhere, within
thirty dayf, OF judgment will be taken
com paifIt
The said action is brought to obtain decree
OF this court vacalipg and setting aside the de-
cree OF foreclosure and order OF ssle made In
former action in said superior court, being
acuOn no ID, ,324 on the register of action OF
said court, wherein sarah q. Whigham was
plaintiff, aud i. ii. Barclay and otners were
defendants. which sad action was Instituted
Tor the purpose OF fOreclOsing the mortgage
hereinafter referred to; and also vacatng and
setting aside the sale made on the 17th day OF
November, 1891. in pursuance OF the said de-
cree OF foreclosure; and also vacating the
sheriff's certificate of kaie Issue In pursuance
OF said sac, which sald certificate of SAFE IL
recorded In book 8, sherifPs certificates Of sal
page I'll; and also vacating ana setting aside
the sheriff's deed, made by the sheriff of said
county to said piaintiff in pursuance of said
certificate on November 18th, 1891, recorded
IN, hfxrxl - u oA. q .<.H
the county recorder of said county Of Los An
geles Also to recover judgment against the
said defendant, F. H. Barclay. for the
sum OF *573l.6l, with interest at the rate OF
II per cent per annum from November 5,
1889. compromising quarterly; also to obtain
decree of This court for the foreclosuregof
mortgage described in said complaint and exc
cuted by the said defendant. Y. il. Barclay, on
the 5th day of Maya. ID. 1888, to secure the
payment of certain promissory note, made by
50 defendant r. Fl. Barclay, on said 5th 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
$767, and no more, and upon which promis-
sorry note and mortgage there is due and unpaid
a balance of $57S1.6 1, with interest thereon at
the rate OF 12 per cent per enuum, from No
vembcr5, 1885, compounding quarterly: also
to recover judg uent for the sum OF $21 20 laid
out aod expended by plaintiff for taxes upon
the mortgaged premises, and for interest there
% SnsrterlT ri pei from un' becembet @ 20. isoo anS
also Tor the sum of 5000 as reason
able counsel fee of plaintiff herein. as
rrovided 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, aud for
such taxes. and for counsel fees, and for co, Is
iot suit; and in case such proceeds are not sufti
cient to pay the same, then 10 obtain tudgmens
for the deficiency, and an execution against
said defendant, II. H.. BARCLAY. aud also that
each and all of the defendants, ana all per -ons
claiming by. through or under them, or either
of them, may be barred and forever foieclo' ed
of all right, title. aim lien. eqrity OF n demp..
tion and interest in and 10 said mortgaged
premises, and for the appoi utment Of a ret etver
for said premises, and for other and furIher
relief. Reference is had to said complaint for
particulars
And you are hereby notified that II you fail
to appear and answer the SAID complaint as
above required, the sid plaintiff win nppiy TO
the court for the relief demanded in said COM
plat. /.
Given under my h,nd and the seal OF the
superior court of the county of Los Ange,es
state OF California, thus 10.h day Of Apr,l. in
the wear of our Lord one thousand eight hun
dred and ninety-tLree.
EaLl T. INWARD, C.srk.
by A. w. sEAvER Deputy Clerk.
H. Il. west and Wei born & Hutton, atty'E for
p aiItih S-2s 6St