The Evening dispatch. [volume] (Provo, City, Utah) 1891-1895, 1894-07-25
ALIAS.

S,UMMoNs-S9 THE DISTRICT COURT OF
- the First Jufd fdicial District of the Territory
Dennis splli}hn plaintiff. VS.. John Beck
Henry Rice, Jonathan hice, William Silk
Dayid Eiseman, benjamin hisemsn. and Elias
Michael, (parIners under the name of Rice
Stlx & CO.. John }. Cushing, Charles Il.
Powell, j. a Cunningham and Henry Z. Tay
lur, defendants.
The people of the Territory of Utah send
greeting 10 John BECK, Henry Rice, Jonathan
Rice, " illiam Silk, David Elseman, Benjamin
hiseman and Elias Michael partners under
the name OF Rice, Stix q Coz John j. Gushing
Charles E. Powell, J- a. Cunningham and
Henry L. Taylor, defendants.
You are hereby required to appear in an
action brought against you by The above
named plaintiff, in tho district court Of the
First Judicial district of the territory OF Utah
and to answer the complaint tiled therein,
within ten days leXclusiye OF the day OF SER
vice after the service on you of this summons
if served within this county; or IL served out
of this county, but in this district, with
10 twenty days. otherwise within forty days
or judgment by default will be taken against
you, according to prayer OF this complaint.
The said action is brought to obtain the judg-
ment and decreeof this court for the fore
closure of the mortgage described in said COM
plaiut, and executed by the said defendant
John BECK on Inc 18th day of DECEMBER, 1890,
and duly recoroed 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 53 and o. to secure the payment OF d
prOmissory note of the defendant, John Beck,
for SI2, ,50U, dated at Eureka, Utah, November
24th, 1880, payable ninety days after date TO
the plaintiff, or order, " 18th interest at the rate
OF sight per cent. per annum from date, and
interest o.. said note at the rate of Ten per
cent. per annumfrom the 24th day of Febru-
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
proInissory nUUe, attorneys ices for an
amount equal 10 three per cent. OF the amount
of the judgment hsrein obtained on said note,
and payment OF costs, commissions and ex-
penses OF sale, and lii case snch proceeds are
not sufficient TO pay the same. then to obtain
q judgment and execution against SaiG de-
fendant Beck for the balance remaining un-
paid, and also that the said defenoantS and all
persons claiming by, through or under them
may be barred and foreclOsed of all right,
interest in and to said mortgaged premises,
and tor other and further relief as will more
fully appear by reference to the complaint
ON fife herein, For q particular description of
the land described in said mortg age, reference
is hereby made to the copy OF SAID mortgage
filed with the said complaint as part thereof.
And you are hereby notified, that II you fall
to appear and answer the said complaint as
above required, the said plaintiff Will apply
to the court Tor 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 FOR
lsEALI the territory of Utah, this 3Uth day
of June, in the year OF our Lord,
one Thousand, eight hundred and
ninety-1our.
d. h. PEERY, JR.. Clerk.
By T. D, HlGGINBoTHAM, JR, Deputy Clerk
w. q. Hall, attorney for plaintiff.
First insertion July 2, 1884.