The herald., 1893-09-21
Summons.
INrHEsuPRRIoR COURT on rHE COUNT

TNTHESUPRRIORc COURT OF THE COUNTY
i OF Los Angeles state of California.
sarah Q: Whignam, plaintiff VS. = H. Bar
clay, II; J. HUNT, J. W. Hendrlck. ]. 8. Chap.
man, Ida Hancock, as administratrix OF the
estate OF John Hancock, deceased; Francis E
Mcdonnell, A A. Mcdonnell. Robert N G. VIII
son, son II. ;; shields, Julia McErisin. John Doe.
Richard Roe, Mary Doe, defendants
Action brougntin the superior court of Los An
geles county, state of California. and the COM
plant Fl fled ~ Ia said county q Los Angeles. in
The people OF the State OF California send
greeting to \. n. Barclay, II; J. Hunt J. W.
Hendrick. J. s. Chapman. Ida Hancock, as ad-
ceased; Francis x. Mcdonnell, A. A. McDon.
nell. Robert N. g. Wilson, II. s. Shields, Julia
Mckrlain. John Doe, Richard Roe, Mary Doe
You are hereby required to appear in an ac-
tion brought againstyo by the above named
plaintiff in the superior court of the county of
Los Angeles. state OF California, and to answer
the complaint fled 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 III served elsewhere, within
thirty days. or judgment will be taken
against you according TO the prayer OF said
complaint.
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. 1a.324 on the register OF action OF
said court, wherein Sarah q. whigham was
plaintiff. and r. IL 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 OF
November, 1891, in pursuance Of the eaid de-
cree of foreclosures; aud also vacating the
sheriffs certificate OF sale, issued in pursuance
of said sale, which said certihcats of sale is
recorded In book 8, sherifrs certificates OF sale,
page III; and also vscsting and settlng , y aside
county to said plaintiff In pursuance OF said
certincate on November 18th, 1891, recorded
IN book so2 OF deeds, page z, IN the once Of
geles. Also to recover Judgment against the
said defendant F. II. Barclay for the
sum OF $5731.61. with interest at the rate OF
II per cent per annum from November D,
1889, compounding quarterly; also to obtain
decree of this court for the foreclosure OF a
MORTGAGE described IN said complaint and exc
the 9th day OF May. A. d. 1883, to secure the
payment of a certain promissory note, made by
said defendant +. II. Barclay, on said 5th day
gold coin, upon which said promissory note
and mortgage there has been paid the sum of
$767, and no more, and upon which promts.
a balance of $573l.61, with interest thereon ut
the rate of 2 per cont per annum, from NO
vember 5, 1889 compromising quarterly: also
out and expended by plaintiff for taxes upon
the mortgsged premises, and for interest there
on At IL per cent per annum, eompsonunnding snn
also for the sum Of $500 as reason
able counsel fee of plaintiff herein, as
provided in said mortgage; that the
premises described In said mortgage may be
sold and the proceeds applied TO the payment of
the amount the court shall ascertain to be due
on said note aud mortgage, or either, and for
such taxes. and for counsel fees, and for costs Of
suit; ard in case such proceeds are not sufi-
cient to pay the same, then to obtain judgment
for the deficiency, and an execution against
said defendant r. Fl. Barclay, and also that
each and eli of the defendants, and all persons
claiming by through or under them, or either
OF them, may be barred and forever foreclosed
OF ell riaht title, claim, lien, equity of redemp-
tion and interest in and to said mortgaged
premises, and for the appointment nf a receiver
for said premises, and for other aud further re-
lief. Reference is had to said complaint for
particulars.
And you are hereby no lied 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
piaint.
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.
[srAL.j It. H. WARD, Clerk.
BY A. Y. SEAveR, Deputy CLERK.
2. B. West aud Wellborn i Hutton atty's Tor
plaintiff. $40 63t