Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1894-02-16

Mary E. Osborne and J. W.
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
County.
THE PEOPLE OF THE STATE OF IDAHO
SEND GREETING, to Albert P. left, c .rrie
M. Tenn. Mary E. Osborne and j. W. Kirk
You are hereby required TO appear in an ac-
ton brought against you by the above named
plaintiff 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
Amended Complaint filed therein within ten
days, exclusive of the day of service) after
the service On you of this summons If served
within this county; or il served out of this
county but in this district within twenty days
otherwise within forty days, or Judgment by
DEFAULT VIII be taken against you according to
the prayer of said Amended Complaint.
The said action Is brought TO obtain a decree
mortgages described in the said Amended
Complaint and described as follows: One ex-
ecuted by the said Albert P. Tent and Carrie M.
d. 1889. mortgaging the W. q of S. W. a and
). W of n. " 4 OF Sec. IA aud Z. u of H. f.
4 OF Sec. 10; Up; 81 n r. 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
payable in Gold Coin of the United States and
each providing for payment for attorney IS fees
In case of suit to collect the same or any part
thereof. of Is per cent in like coin upon the
amount found due plaintiff. And one mort.
gage executed BY said Albert p. left and Car
RE ~ Teiit ON the DIST day of March, 1890 mort
Z. and N. E. u of g. W Il of Sec. IA, III. 81 N.
k. w, b. M, in said Idaho County, to secure
further the payment OF said three notes and to
secure one note for 1900 dollars tied Decem-
Der p, 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 and providing for
payment for attorneys fees in case of suit TO
collect the same or any part thereof of 10 per
cent In Ike Gold Coin upon the amount found
due. That the premises described in said
Mortgages may be sold, and the proceeds aris-
ing from the sale OF the premises described in
said hrst 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
Win interest thereon IN lke coin at the rate of
~ per centum per annum from June ~, 1898,
and the amount due plaintiff for costs herein
ana OF twothirds OF amount due plaintiff for
reasonable sum for attorney 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 ana for costs and attorneys ices herein
AFTER the application of the proceeds of the
sale OF the land described la the said frst
mentioned mortgage. as above and in payment
OF the amount due plaintiff on said note for
Loo dollars, tc-wit: the sum OF 1900 dollars in
like coin together with interest thereon in like
coin at the rate OF 10 per centum per annum
from December q, 1892 and I'm case such pro
ceeds are not sufficient to pay the same. then
to obtain execution against said Albert p Tenn
and Carrie NJ. Tefft for the balance remaining
due, and also that tae defendants and all per,
sons claiming by, through or under them, or
any OF Them may be barred and foreclosed OF
all right, title. claim. lien, equity OF redemp.
ton aud interest in and to said mortgaged
premises. and for other and further relief as
VIII more fully appear by reference to the
Complaint on file herein
And you are hereby notified that. If you fail
TO appear and answer said Complaint as above
required. the said plaintiff win apply TO the
Court for the relief demanded Ia the said
Complaint.
Given under my hand and the seal of the
District Court of the Second Judicial
~ District of the State OF Idaho, In and
SEAL for the County OF Idaho, this 18th day
OF January, 1894
A. w. TALKINGroN,
'AmEs \. BABE. Clerk.
A"orhey Tor Piaintin, $40