The herald., 1893-09-07
Summons.
TNTHRsupRR1oR COURT OF THR ooUN'

TN THE SUPERIOR COURT OF THK COUNTY
i of Los Angeles, state OF California.
clay. Il. ]. Hunt. ], " Hendrlck, j., s. chap,
man, Ida Hancock, as administratrtx OF the
estate OF John Hancock, deceased; Francis Z.
Mcdonnell, A A. Mcdonnell, RobertN. G. VIII
son, II. s. Shields Julia McErlain. John Doe,
Richard Roe, Mary Doe, defendants
Action brought in the superior court OF Los IN
geles county, state of California, and the COM
plant filed In said county OF Los Angeles. In
the oiiice'of the clerk of said Superior court.
The people OF the State OF California send
hendrick, ]. s. Chapman, Ida Hancock, as ad-
ministratrix Of the estate of John Hancock, de-
ceased, Francis E. Mcdonnell, 4; A: McDon.
nell, Robert n. q. Wilson, ii. 3. SHIELDS, julia
MoErlain, John Doe, Richard Roe, Mary Doe
defendants.
You are hereby required to appear in an &C.
tion brought againstyou by the above famed
plaintiff in the Superior court OF the county OF
Los Angeles. state of Californis, 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 II served elsewhere, within
thirty days, or Judgment will be taken
against you according to the prayer OF said
complsint.
The said action is brought to obtsins decree
OF this court vacatng and setting aside the de-
former action in said superior court, being
action No. Ia. 1924 on the register OF action OF
sai6 court, wherein Sarah O. whigham was
plaintiff, and y. II. Barclay and others were
defendants. which said action was instituted
for the purpose of foreclosing the mortgage
hereinafter referred to; and also vacating aud
setting aside the sale made on the 18th day of
November 1891, in pursuance OF the said de.
cree of foreclosure; aud also vacating the
sheriif's certificate OF sale, Issued In pursuance
OF said sale, which said certificate of Bale Is
recorded in book 8, sherif's certificates of sale,
page I'll; and also vacating and setting aside
the sherifPs deed make by The sheriff OF said
certificate IN November 18Th, 1891, recorded
the county recorder Of said county Of Los An.
sss 40 op
sum OF $5731.61. with interest at the rate OF
~ per cent per annum from November O.,
$50, compounding quarterly; also to obtain a
eree OF this court for the foreclosure Of .
mortgage described in said complaint and exe-
cuted by the said defendant Z. II. Barclay, on
the 9th day OF May; A. D.; isss, to secure the he
said defendant. F, H. Barclay, on said 5th day
'of May. A. D. 1888. to said plaintiff, for 70 800
gold coin, upon which said pro,missory note
$767, and no more, and upon which promis-
sorry note and mortgage there Ia due and unpaid
q balance of $573l.61, with interest thereon at
the rate of 2 per cent per anEum, from No
vember 5, 1899, compromising quarterly; also
to recover Judgment for the sum of $2l. 20 laid
out and expended by plaintiff for taxes upon
the mortgaged premises and for interest there
on at IL per cent per snnum, compromising
quarterly, from December 20, 1890, aud
al,o for the sum of 5000 as reason
provided in said mortgage; that the
premises described in said mortgage may be
sold and the proceedsapplied TO the payment of
the amount the court shall ascertain to be due
on said note and mortgage, or either, and for
such taxes, and for counsel fees and for costs of
suit; ard in case such proceeds are not suffi-
cient to pay the same then to obtain judgment
for the deficiency, and an execution against
said defendant, # H. 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 redemp.
tion and interest in and to said mortgsged
premises, and for the appointment Of q receiver
for said premises, and for other and further re-
lief. Reference is had to said complaint 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-thsee.
[5EAL.l T. H. WARD, Clerk.
BY A. II. sEAvER, Deputy Clerk.
z. B. West and Wellborn & Hutton atty's for
plaintiff. S-29 63t