The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-24

w, j. Bowden and Boise City and
Nampa Irrigation Land and
Lumber Company, Defendants.
Action brought in the District Court
of the Sd judicial District, state OF
Idaho, in and for Canyon county, and
the Complaint filed in said County
of Canyon in the Office of the Clerk of
said District Court.
The State of Idaho sends Greeting to
H. +. Simmons, Anna B. simmons, w,
]. Bowden and Boise City and Nampa
Irrigation Land and Lumber Company,
Defendants.
You are hereby required to appear
in an action brought against You by the
above-named plaintiffs In the District
court of the Third Judicial District,
State of Idaho, in and for Canyon
county, and to answer the complaint
filed therein within ten days exclusive
of the day of seTvice) after the service
on you of this summons-if served
within this county; or if served With
out this county, but within this dis
trict, within twenty days; or if served
elsewhere within forty days-or judg-
ment by default will be taken against
you according to the prayer of said
complaint.
The said action is brought to obtain
decree of this court for the forclos.
ure of a certain mortgage, described in
the complaint and executed by the
said II. E. Simmons and Anna j. Sim
mons his wife and delivered to w. L.
TelfOrd on the 18th day of September,
| 1892, to secure the payment of q GER
tain promissory note, styled First
Mortgage Coupon Bond, dated Boise
City, Idaho, September 18th, 1892, for
100000 Nc. 1888, due on the LIST day
of December 1897, payable TO w. l..
! TelfOTd or order. in gold or its equiva
lent in value, with Interest thereon at
the rate of per cent per annum paya-
BILE semi-annually, according to the
tenor of eleven interest cOupOnc at
tached. If any part of the principal or
interest is not paid at maturity it shall
bear interest at the rate of ~ per cent
per annum, payable annually and if
any interest remains unpaid twenty
days after due, the principal shall be-
come due and cOllectible at once with
out notice, at the option of the holder.
! Signed, H. e. simmons
That the Plaintiffs herein, on the
l4th day of March 1895, purchased the
said promissOry note, styled, First
Mortgage Coupon Bond, and all of the
unpaid interest coupons and said Mort.
gage, of the said w. l.. Telf0rd. And
the said plaintiffs are now the lawful
! owners and holders of the same
That 4 of the ii interest coupons,
and no more, have been paid; except
that on the 7th day of February 1895,
there was paid the sum of 500, on the
9th of said interest coupons leaving
then balance of 1856 unpaid on the
said 9Th interest coupon.
That the premises conveyed by said
mortgage may be sold and the proceeds
thereof applied to the payment of said
note, interest coupons unpaid, interest,
attorneys fees, as provided for in said
mortgage, and costs of suit and in case
such proceeds are not sufficient to pay
the same, then to obtain an execution
against said defendant III, L. Simmons
| for the balance remaining due, and al
so that the said defendants, and ell per-
sons claiming by, through or under
them, may be barred and fOreclosed of
| all right, title claim, lien, equity of re-
demptiOn, and interest, ia and too said
mortgaged premises, and for other and
further relief, and if you fail to APP
pear and answer said complaint as
above required, the plaintiffs will take
| default against you and apply to the
court for relief demanded in the COM
plant, a certified copy of the same be-
ing served herewith
Given under my hand@and seal of the
said District Court of the
Third Judicial District,
State of Idaho in and for
TsEAL1 Canyon county, this 22nd
day of September in the
year of our Lord one thOus-
and eight hundred and
ninety-six.
w. Q. DUNBAR, ,Tr,.
JOSEPH III. BLAIR, Clerk
Attorney for Plaintiffs.