The herald., 1893-09-14
Summons.
INTHE SUPERIOR couRr on THE COUNTY

INTHESUPKRI0R COURT OF THE COUNTY
L e. OF Los Angeles, State of California.
o,s saran Q; whigaam, plaintiff, VS. !. II. Bar
man, lda Hancock, as Administrative OF the
estate oil John Hancock, deceased; Francis K.
Mcdonnell, A. Mcdonnell, Robert N. G. Will
son; IL. >: shields, Julia MERRIAM, John Doe,
klcnard Roe, Mary Doe, defendants.
Acuon brought In the superior court OF Los An
geles county, state OF California, and the COM
plant nled in said county OF Los Angeles, in
the ofice OF the clerk of said Superior court
The people OF the State of California send
greeting 70 =. r: Barclay, H; J. Hunt J. W.
Hendr1ck, J. s. Chapman, Ida Hancock as ad-
ministratrix of the estate of John Hancock, de-
ceased; Francis e. Mcdonnell, A. A. McDon-
nell Robert N. q. Wilson, H. s. Shields Julia
McErlain, John Doe, Richard Roe, Mary Doe
defendants.
You are hereby required to appear in an &C
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 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
complaint
The said action is brought to obtain decree
OF this court vacating and setting aside the de-
cree OF foreclosure and order OF sale, made in q
former action in, said superior court, being
action No. 14.324 on the register of action OF
said court wherein Sarah q. Whigham was
plalntlH, and +. H. Barclay and Others were
defendants, which said action WAS instituted
for the purpose of forecosinz 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
sherih,s certificate of sale, issued in pursuance
of said sale, which said certificate of sale is
recorded in book 8, sheriffs certificates OF sale,
page I'll and also vacating and setting aside
the sheriirs deed, make by the sheriff OF said
county to said plaintiff in pursuance of said
certificate on November 18th, 1891, recorded
IN book oO2 OF deeds, page 2, in the Office of
the county recorder of said county of Los An
said defendant F. H. Barclay for the
sum of $57316l with interest at the rate OF
II per cent per aunum from November g.
decree of this court for the foreclosure of
MORTGAGE described IN said complaint and exc
cuted by the said defendant. II. II. Barclay, on
the 9th day OF May. A. d. 1888, to secure the
payment OF a certain promissory note, made by
said defendant. F. h. Barclay, on said 5th day
OF May, A. d. 1883, to said plaintiff, for $5 300,
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 $5731.61, with interest thereon at
the rate of II per cent per anEum, from No
vember 5. 1888 compounding 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
also for the sum OF $500 as reason
able counsel fee of plaintiff herein, as
prOVlOeQ IN salu mortgage; that the
premises described in said mortgage may be
sold and the proceedsappli to 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 auch proceeds are not suffi-
cient to pay the same, then to obtain judgment
for the deficiency, and an execution against
said defendant, f. 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 a receiver
for said premises, and for other and further re-
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
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-thSee.
[SEAL.1 T. II. WARD, Clerk.
ByA. ". SHAVER, Deputy Clerk.
2. B. West and WellbOrn & Hutton atty's for
plaintiff. S-29 63t