The herald., 1893-10-30
Summons.

TN THE SUPERIOR COURT OF THE COUNTY
l. of Los Angeles State of California.
clay, H. j. J. Hunt, J. W. % Hendrick, X J. S. chap
man, Ida Hancock, Administrative of the
estate OF John Hancock deceased; Francis Z.
Mcdonnell, A. A. Mcdonnell Robert N c. Will
son, II. S. Shields, Julia MERRIAM, John Doc,
Richard Roe, Mary Doe, defendants.
Action brought in the superior court of Los
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. II, Barclay, III. j. Hunt J. w.
Hendrick, j. S. Chapman, Ida Hancock, as ad-
midistratrix OF the estate OF John Hancock de-
ceased; Francis E. Mcdonnell, a; A. McDon-
MERRIAM, John Doe, Richard Roe, Mary Doe,
defendants.
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 plant filed therein within ten days
exclusive of the day OF service) after the SER
vice 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 vacating and setting aside the
decree of foreclosure and order of sale, made in
a former action in said superior court, being
action No. Ii ,324 on the register of action of
said court, wherein Sarah G. Whigham was
plaintiff, and +. y BARCLAY and others were
defendants, which said action was instituted
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 foreclosures; and also yacatlng the
he,ff's certificate OF sale issued in pursuance
of said sale, which said certificate of sale is
recorded in book Z, sheriffs certificates of sale
page 211; and also vacatng and setting aside
the sheriff's deed made by the sheriff of said
county to said plaintiff in pursuance OF said
booe SOC Of deeds the e Of
the county recorder of said county of Los An
geles Also to recover Judgment against the
said defendant, F.. H. Barclay. for the
sum of $5731.61, with interest at the rate of
IL per cent per annum from November D,
1889, compounding quarterly; also to obtain
decree of this court for the foreclosure of
mortgage described in said complaint and exc
cuted by the said defendant, +. 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. II. BARCLAY, on said 9TH day
of May, A. d. 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 promis-
| sorry note and mortgage there is due and unpaid
a balance OF S5731.61, with interest thereon at
the rate OF 2 per cent per annum, from NO
vember 5, 1889, compromising quarterly; also
to recover Judgment Tor the sum of l.20, laid
! out.and expended by plaintiff for taxes upon
the mortgaged premises, and for interest there
on at II per cent per annum. compromising
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, 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 F. II. Barclay, and also that each and all
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 a re-
ceiver for said premises, and for other and
further relief Reference is had to said CON-
plant for particulars.
And you are hereby notified 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
! 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-three.
[sEAL.l r. II. WARD, Clerk.
by A. w. sEAvER, Deputy Clerk.
u. B. West and Wellborn & Hutton, attorneys
for plaintiff. S--96,t