The herald., 1893-10-26
Summons.
IN THE SUPERIOR COURT OF the couN,

IN THE SUPERIOR COURT OF THE COUNTY
Sarah c. whigham, plaintiff, VS.. +. II. Bar
clay, II. ]. Hunt, j. W. Hendrick, ]. s. Chap
man, Ida Hancock, as administratrix of the
Mcdonnell, A. A. Mcdonnell, Robert N. c. Will
son, II. s. Shields. Julia MERRIAM, 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 10 +. H. Barclay, H. J. Hunt, J. W.
Hendrek, J. S. Chapman, Ida Hancock, as ad-
midistratrix OF the estate of John Hancock, de-
ceased; Francis L. Mcdonnell, A. A. McDon-
nell, Robert n. C. Wilson, II. s. Shields, Julia
McErlein, 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 yacating and setting aside the
decree 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 c. Whigham was
plaintiff, and Il. III. Barclay and others were
defendants. which said action was instituted
for the purpose of foreclosng the mortgage
hereinafter referred to; and also vacating ana
setting aside the sale made on the 18th day OF
November 1884, in pursuance OF the SAID de-
cree of foreclosures; and also vacating the
she.iff's certificate OF sale issued in pursuance
of said sale, which said certificate of sale is
recorded in book 4 sheriff's certificates of sale,
page I'll; and also vacating and setting aside
the sheriffs deed, made by the sherih OF SAID
county to said plaintiff in pursuance OF said
certificate on November Is, 1891, recorded
in book S02 of deeds, page ?, in the office OF
the county recorder OF said county OF Los AM
geles Also. to recover Judgment against the
said defendant, +. II. Barclay, for the
sum OF $5731.61, with interest at the rate OF
II per cent per annum from November D,
1889, compromising quarterly; also to obtain
decree of this court for the foreclosurr OF
mortgage described in said complaint and exc
cuted by the said defendant, +. ii. Barclay, on
the 5th day of May, A. d. 1883, to secure the
payment of a certain promissory note, made by
said defendant. I. Ii. Parclay. on said 9th day
OF May, A. ID. 1888, TO said plaintiff for $4,000,
gold coin. upon which said promissory note
and mortgage there has been paid the sum OF
$767 and no more, and upon which promls,
sorry note and mortgage there is due and unpaid
a balance OF S57316I, with interest thereon at
the rate of 2 per cent per annum, from NO
vember 3, 1889, compoupding quarterly; also
to recover Judgment for the sum of T21. 70, laid
out and expended by plaintiff for taxes upon
= the rnortgaged premises, andfor interest there
on at II per cent per annum. compoundlng
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
ciency and an execution against said defend
ant, 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 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 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 i'll 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.
BY A. w. sEAvER, Deputy Clerk.
Y. B. West and Wellborn Hutton, attorneys
for plaintiff. S-29 oSt