Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1896-04-17

IN THE DISTRICT COURT OF THE SECOND
JUDICIAL DISTRICT OF THE STATE OF
IDAHO. W
John +. +. Brewster Plaintiff vs. joseph A
Wilkinson and Ella Wilkinson, his wife George
Z. spencer and + NINA Spencer his wife, H. s.
ants.
Action brought in the District Court of the
second Judicial District State of Idaho, in and
for Idaho County. and the complaint filed in
said County of Idaho in the Office of the Clerk
of said District Court.
The State of Idaho sends greeting to Joseph
A. Wilkinson and Ella Wilkinson, his wife
George f. Spencer and Emma Spencer, his
wife, II. s. Boudinot and Morgan Tillinghast
defendants.
You are hereby required to appear in an &C.
tion brought against Won by the above named
Plaintiffs in the District Court OF the Second
Judicial District State of Idaho, in and for Ida.
no County. and to answer the Complaint filed
therein: within ten days exclusive of the day
OF service) after the service on you Of this sum
ed without this county but within this district
within twenty days; or IL served elsewhere
within forty days-or judgment by default will
oe taken against you, according to the prayer of
The said action is brought to obtain a dec rec
OF this court for the foreclosure OF one certain
mortgage described in the complaint, and exc
cnted by the said Joseph A. Wilkinson and Ella
WI his wife. to J. F: F. Brew.
Js 0e is, date on ,n the 18th day
certain promissory note for the principal sum
of eight hundred dollars, dated June IL IS12
with interest thereon at the rate of nine per
cent per annum from date until maturity and
Twelve per cent per annum after maturity as
evidenced by six certain interest notes becom-
ing due on the LIST day of December in each
year, default having been made in the condi.
tons of said notes and mortgage in this, to-wit:
l nat the interest note for the sum OF seventy
two dollars which became due and payable on
the LIST day OF December 1874 still remains un.
paid; that the interest note for the sum of sew
enty'two dollwrs which became due and paya.
Bile on the LIST day OF December 1s95 still re.
mains unpaid, both of which said Interest
notes bear interest Mt the rate OF twelve per
cent per annum after maturity No part OF
said principal su m of eight hundred dollars or
oil oil, SAID Two interest notes having been paid.
scribed as follows, to-wit: Lots one and two
and east half OF north west quarter section ,hir.
ly,one, township thirty one north, range two
east, Is. NJ. That the premises conveyed by said
mortgage may be sold and the proceeds there
of applied to the payment of said principal
Promissory note and said two interest notes
and the interest thereon: the sum of eighty
dollars as attorney fees as provided in said
mortgage and for the sum of thirty eight dol.
lars axes paid on said land by plaintiff; aud
IN case such proceeds are not sufficient to pay
the same, then to obtain an execution against
SAID Joseph A. Wilkinson and Ella Wilkinson
his wife, for the balance remaining due and
also that said defendants and all persons claim
Ing by through or under them may be barred
and foreclosed of all right, title. claim lien,
equity Pf redemption and interest in and to
said mortgaged premises. and for other and
further relief, and If you fail to appear and an
swer.said complaint as above required, the
pialntiif Will apply to the court for relief de-
manded in the said complaint.
GlVA under my hand aud the seal of the
District Court of the Second Judicial
District, State of Idaho. in and for Idaho
lsEALl County, this 3lst day Of March, in the
year OF our Lord one thousand eight
hundred and ninety six.
A. W; HARRINGTON, Clerk.
X. +. FULTON, Att y for Plaintiffs 4i-49