The herald., 1893-09-01
Summons.

TNTHE SUPERIOR COURT OF THE COUNTY
OF Los Angeles, State of California.
Sarah O. Whicham, plaintiff, VS.. +. II. Bar.
clay, II. ]. Hunt, J. w. Hendrick, j. g. Chap
man, Ida Hancock, as administratrix OF the
estate of John Hancock, deceased; Francis 4.
Mcdonnell, A A. Mcdonnell, Robert N. @. Will
son, H. S. Shields, Julia McErlain, John Doe,
Richard Roe, Mary Doe, defendants
Action brought in the superior court OF Los An
geles county, state Of California and the COM
the Office OF the clerk of said Superior court.
The people of the State of California send
greeting TO +. II. Barclay. H. ]. Hunt ]. W.
ministratrix OF the estate Of John Hancock, de-
ceased Francis (. Mcdonnell, A; A; McDon
nell, Robert N. O. Wilson, H. s. Shields, Julia
McErlain, John Doe, Richard Roe, Mary Doe
You are hereby required to appear in an &C
tion brought against you by the above named
Los Angeles, state of California, and to answer
the complaint filed therein. within ten days
exclusive OF the day of servlce) after the ser
yiee on you OF this served thn
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 vacsling and setting aside the de-
cree of foreclosure and order OF sale, made in
former action in said superior court, being
action No. Ia 324 on the register OF action or
sai6 court, wherein Sarah q. Whigham was
plaintiff and r. H Barclay and others were
defendants, which said action was instituted
for the purpose of f0rec osing 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-
sheritFs certificate of sale, issued in pursuance
of said sale, which said certificate of sale is
recorded in book 8, sherif's certificates of sale
page z11; and also vacating and setting aside
the sheriff's deed, make by the sheriff OF said
county to said plaintiff in pursuance OF said
certificate TN November 18Th, 1891, recorded
the county recorder OF said county Of Los An
geles. Also to recover judgment against the
laid defendant F. Fl. Barclay for the
sum OF $57Sl.6l. with interest at the rate OF
IL per cent per annum from November b,
1889, compounding quartery; also to obtain a
decree of this court for the foreclosure OF a
mortgage described IN said complaint and exc
cuted by the said defendant +. III. Barclay, on
the 5th day of May. A. d. 1888, TO secure the
payment of a certain promissory note, made by
said defendant, F. IA. Barclay, on said 9th day
gold coin, upon which said promissory note
and mortgage there has been paid the sum OF
$767, and no more, and upon which nromis-
sorry note and Z, n,ortgage there is due and unpaid
q balance of $573l.61 with interest thereon at
the rate of 2 per cent per, annum, from No
yember s. 1899. compounding quarterly; also
TO recover judgment for the sum OF &2l 20 lsid
out and expended by plaintiff for taxes upon
the nortgaged premises, and for interest there
on at IL per cent per annum, compounding
quarterly, from December 20, 1880, and
also for the sum of 5000 az reaEon-
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 ana mortgage, or either, and fcl
such taxes and for counsel fees and for costs o
suit; ard in case such proceeds ara not sufi
cient to pay the same, then to obtain judgment
for the deficiency, and an execution egains
said defendant, F. H. Barclay, and also thai
each and all Of the defendants and all persons
claiming by, through or under them, or eithel
of them, may be barred and forever foretlo eo
OF all right, little, claim lien, equity of edemp
tion and interest in and to said morigage6
premises, and for the appointment OF a receiver
for said premises, and for other aud further re
lief. Reference is had to said complaint fol
particulars.
And you are hereby no ifed that If you fail tc
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 ami 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 nlnety.thsee.
[aEAL.l T. II, WARD, Clerk
BY A. ". SEAvER, Deputy Clerk.
z. B. West and Wellborn & Hutton atty's fol
plaintiff. 829 63t