The Evening dispatch. [volume] (Provo, City, Utah) 1891-1895, 1894-07-03

SyUMMoNS-IN THE DISTRICT COURT OF
y the First Judicial District of the territory
Of Utah. Utah county.
Dennis Sullivan. plaintiff. VS.. John Beck.
Henry Rice, Jonathan Rice, William Silk,
David Eiseman, Benjamin Nisemsn. and Elias
Michael. fpartners under the name of Rice,
StIx g. Coz John j. Cushing, Charles E.
Powell, J. A Cunningham and Henry E. Tay
lOr. defendants.
The people of the Territory of Utah send
greeting to John Beck. Henry Rice, Jonathan
Rice. William Stix, David Eiseman, Benjamin
Eiseman and Elias Michael (partners urder
rhe name OF Rice, Stix & Co John j. Gushing
Charles E; Powell ]. A. Cunningham and
Henry E. Taylor. defendants.
You are hereby required to appear in an
action brought against you by the above
named plaintiff, in the district court of the
First Judicial District of the territory of Utah
and to answer the complaint filed therein,
within ten days Exclusive of the day of SER
vice after the service on you of this summons
if served within this county; or if served out
of this county, but in this district, with
in twenty days; otherwise within forty days
or judgment by default will be taken against
you, according to prayer of this complaint.
The said FACTION is brought to obtain the judg
ment and decree of this court for the fore
closure of the mortgage described in said COM
plant, and executed by the said defendant
John Beck on the 10th day of December. 1890
and duly recorded in the office of the County
Recorder of the county of Utah, in the Terri
tory of Utah, in book No. II of Mortgages,
pages SO and 81, to secure the payment of
for Sl2, 800, dated at Eureka, Utah, Move mber
Gath, 1890, PAYABLE ninety days after date to
the plaintiff, order, ith interest at the rate
of eight faer cent. per annum from date, and
interest or said note at the rate of ten per
cent per annum from the 24th day of Febrl-
ary, 1891, less payments made thereon in the
sum of two thousand dollars that the premises
conveyed by said mortgage may be sold, and
the proceeds applied to the payment of said
promissory note, attorneys fees for an
amount equal TO three per cent. of the amount
of the judgment herein obtained on said note.
and payment of costs, commissions and eX-
penses of sale, and 10 case such proceeds are
not sufficient to pay the same. then to obtain
a Judgment and execution agai st said de-
fendant Beck for the balance remaining un.
paid and also that the said defendants and all
persons claiming by, through or under them
may be barred and foreclOsed of ali right,
title, claim, lien, equity of redemption, and
interest iii and to said mOrtgaged premises,
and tor other and further relief as will more
fully appear by reference to the complaint
on file herein. For particular description of
the land described in said mortgage, reference
is hereby made to the copy of said mortgage
filed with the said complaint as part thereof.
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 therein demanded.
Witness the Hon. Harvey W. Smith, Judge.
and the seal of the district court of
the First judicial district in and Cor
lsEALI the territory of Utah, this 30th day
of June. in the year of our Lord,
one thousand, eight hundred and
ninety-four.
D. III, PEERY, JR. Clerk.
By f. D. HIGGINBoTHAM, JR, Deputy Clerk
W. &. Hall, attorney for plaintiff.
First insertion July 2, 1894.