The herald., 1893-10-23
Summons.
TN THE SUPERIOR COURT OF THE COUNTY
i Of Los Anreles State OF California.

TN THE SUPERIOR COURT OF THE COUNTY
Il Of Los Angeles, State Of California.
Sarah c. Whigham,, plaintiff, VS.. !, H; Bar
man, Ida Hancock, as administratrix Of the
estate of John Hancock, deceased; Francis +.
Mcdonnell, A. A. Mcdonnell, Robert N. c. Will
son, II. S. Shields, Julia McErlain, 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 to F.. Il; Barclay. II. J. Hunt, J. W.
Hendrick, J. s. Chapman, Ida Hancock, as adj
midstratrix of the estate OF John Hancock, de-
ceased; Francis E. Mcdonnell, A. A. MELON
nell, Robert n. G. Wilson, H. s Shields, Julia
defendants.
You are hereby required to appear in an
action 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 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
against you according to the prayer OF said
complaint.
The said action is brought to obtain decree
OF this court vacating and setting aside the
decree of foreclosure and order OF sale, made in
former action in said superior court, being
action No. IA ,324 on the register of action OF
said court wherein Sarah c. Whigham was
plaintiff, and +. II. 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 said de-
cree of foreclosure; 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 =, sherf's certificates of sale,
page I'll and also vacating and setting aside
the sheriff's deed, made by the sheriff Of said
county to said plaintiff in pursuance of said
certificate on November Is, 1891, recorded
in book so2 OF deeds, page 2, in the office of
the county recorder of said county of Los An
geles. Also to recover Judgment against the
said defendant, f. II. Barclay, for the
sum of $573161, with interest at the rate OF
II per cent per annum from November B.
1889, compounding quarterly; also to obtain a
decree of this court for the foreclosure of
mortgage described in said complaint and exc
cuted by the said defendant, F. II. Barclay, on
the 5th day of May, A. d. 1888, to secure the
payment of a certain promissory note, made by
said defendant, +. IL. Barclay, on said 9TH day
OF May, A. ID. 1888, to said plaintiff Tor $4,000,
gold coin, upon which said promissory note
and mortgage there has been paid the sum of
1857, 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 IL per cent per annum, from No
vember 5, 1889, 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 ~ per cent per annum. @ @compoundlng
for the sum OF $500 as reasonable counsel fee
of plaintiff herein, as provided in said mort
ghge that the premises uescrlDeu III Shlu
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
cheney, and an execution against said defend
ant, 4. 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 in 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 hum
dred and ninety-three.
[sEAIal IT. H. WARD, Clerk.
By A. w. sEAvER Deputy Clerk.
z. b. West and Wellborn x Hutton, attorneys
for plaintiff. S-29 63t