Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1894-02-09


FOR IDAHO COUNTY.
The Lewiston National Bank,
Incorporation,
Plaintiff
Albert P. Tefft Carrie NJ. Teft,
Mary L. Osborne and J. W.
Kirkwood,
Defendants
Action brought IN the District Court OF the
Second judicial District of the State of Ida
no. In and for Idaho County and the Com
plant and Amended Complaint filed in the
office of the Clerk of said Court in said
County.
THE PEOPLE OF THE STATE OF IDAHO
SEND GREETING. to Albert z. left, Cirrie
NJ. 1eft, Mary +. Osborne aud ]. w. Kirk
wood, defendants.
You are hereby required to appear in an ac-
ton brought against you by the above named
plantiff In the District Court of the second Ju-
dicial District OF the State of Idaho. in and for
the County of Idaho, and to answer the
days, exclusive of the day of service) after
the service On you of this summons if served
within this county; or If served out of this
county but in this district, within twenty days;
otherwise within forty days, or Judgment by
default will be taken against you according to
the prayer of said Amended Complaint.
The said action Is brought to obtain Il decree
OF this Court for the foreclosure of two certain
mortgages described in the said Amended
Complaint, and described as follows: One ex-
ecuted by the said Albert z. Tefft and Carrie Nj
left on the twenty first day of December, A
D. 1889. mortgaging the N ", = OF $, W. and
.. w. a OF y. W, "a oil sec. Ia ana l.. OF N. r..
q OF Sec 49, TIP. 81 N X. W.. b. NJ, to secure
the payment Of three certain notes of even date
Herewith for 1000 dollars each, payable one,
two and three years respectively after date,
with interest thereon at the rate OF 10 per CEN
tum per annum. Both principal and interest
payable in Gold Coin of the United States and
in case of suit to collect the same any part
thereof, of Is per cent in like coin upon the
amount found due plaintiff And one mort
rie N. yeiit on the 2lst day of March. 1890. mort
gaging n. W. q of N. W. 4 and +. u of n. W.
z and N; E; Of $. "; q OF sec. a, Up. 81 N,
| further the payment Of said three notes and to
secure one note for 1900 dollars, d tied Decem-
Der u, 1889, payable three years after its date,
together with interest thereon at the rate of ten
| per centum per annum, both principal and in
| terest payable in like coin aud providing for
| payment for attorneys fees in case of suit to
| colectth the same or any part thereof. of Is per
| cent in like Gold Coin upon the amount found
| due; That the premises described in said
| Mortgages may be sold, and the proceeds arts
| ing from the sale OF the premises described in
| said first mentioned mortgage be applied in
| payment of the amount found due plaintiff on
said three notes. to- wit: The sum of 5000 dol
| lars in Gold Coin of the United States together
with interest thereon in like coin at the rate OF
| ~ per centnm per annum from June II, 1898
| and the amount due plaintiff for costs herein
| ana OF two thirds of amount due plaintiff for
| a reasonable sum for attorneys fees herein, al
legged to be 10 per cent in like coin on the
| amount found due plaintiff herein. That the
| proceeds arising from the sale of the premises
| described in the Mortgage mentioned second
| above, be applied in payment of the amount
due plaintiff on said three notes for 1000 dollars
| each and for costs and attorneys fees herein
| after tue application of the proceeds of the
sale OF the land described in the said first
| mentioned mortgage, as above and in payment
| of the amount due plaintiff on said note for
| 1900 dollars, tr-wit: the sum of 1900 dollars III
| like coin together with interest thereon in like
| coin ut the rate of 10 per centum per annum
| from December 81 1892 and in such pro
| ceeds are not sufficient to pay the same, then
| to obtain execution against said Albert Z. Tefft
| and Carrie NJ. Teft for the balance remaining
| due, and also that tne defendants and all per
| sons claiming by. through under them, or
any of them, may be barred and foreclosed oil
all right, title claim, lien, equity of redemp
| ton and interest in and to said mortgaged
| premises and for other and further relief, as
will more fully appear by reference TO the
| Complaint on file herein.
And you are hereby notified that. II you fail
| to appear and answer said Complaint, as above
| required, the said plaintiff win apply to the
! Court for the relief demanded IN the said
| Complaint.
| Given under my hand and the seal OF the
10 District Court of the Second Judicial
| ~ District of the State of Idaho, in and
| SEAL for the County of Idaho this 10th day
| CT January, 1894.
| A. w. TALKINGroN,
| JAMES E. BABB, Clerk.
Attorney for Plaintiff 3o4(