The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-03-07

1870 ~ company
Plaintiffs.
Maurice e. Stiles and William G.
Dunbar Jr. Copartners, under
the firm name and style of
Stiles aud Dunbar, and Maurice
G. Stiles, William 9. Dunbar
Jr Joseph A Ford, and Fred
Auerbach and Samuel Auer-
bach, COpartners, doing bust
ness under the firm name and
style. of L. Auerbach and
Brother
Defendants.
The State of idaho sends Greettnq:
TO Maurice q. Stiles and William c.
! Dunbar Jr. (Stiles and Dunbar) Maur-
ice &. Stiles, William 9. Dunbar Jr. Jo-
seph A. Ford, and Fred Auerbach and
Samuel Auerbach II. Auerbach and
Brother) Defendants.
You are hereby summoned and re-
! CURED to appear in an action brought
against you by said plaintiffs, in the
said District Court, and to answer the
complaint of the above named plant
IFS, filed therein, within ten days lex
elusive 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 within this Jul
dicial District, within twenty days: or
If served elsewhere, within forty DAYS.
The said action is brought to obtain a
decree of this court for the foreclosure
of, First, the right of redemption of
defendants, Stiles and Dunbar's inter-
est in and to certain seventeen promis-
sorry notes, described in said complaint,
transferred TO plaintiffs by said Stiles
and Dunbar lis collateral security for
the debt hereinafter set out, sixteen of
which notes are payable to the order of
said Stiles and Dunbar and made by
the following named persons respect
lively, % VIM. w. Wood, (2) w. w.
Wood, (3) F. j. Huntington, Ia Geo. w.
Adams, % Daniel w. White, (6) J. NJ.
Peppard, ~ II. N. Maxey, t8) L. l..
Brumbaugh, 90 L. w. Basset, (l0) G. A.
Watson, 11) Owen c. Baker, 12) G. w.
Mcdonnell, Q3) Charles Lamper, "a
Henry Cox, Is. s., C5) John NJ. Bow
man, 10y George L. Cole, and one made
by John brennan, payable to Brown
| Brothers or bearer; and Second, the
| foreclosure of two certain mortgages
one of which was made and executed
by the said Stiles and Dunbar and
Maurice g. Stiles and William G. Dun
| bar JT. on the 10th day of August, 1893,
and the other, in the form of war
ranty deed by the said Maurice G.
Stiles, on the 25th day of October, 1888,
each of which, as we'll as the said seven
teen prOmisSory notes given as collater-
al security, was given to secure the
payment of four certain prOmissOry
notes, made by the said Maurice G.
Stiles and William G. Dunbar ,Tr. to
plaintiffs on the said 10Th day of Au-
gust, 1893, in amounts as follows:
$4,000, $4,000, $4,000 and Sl95.00 all
of which bear interest at the rate of
of 10 per cent per annum, the first from
Dec. is, 1898. and the Others from Au-
gust 10Th 1888 all of which are past
due and no part of either has been
paid, except the sum of $85.05 paid and
credited upon the first; also to secure
the following sums paid by the plant
ifs to redeem the premises from the
operation of Trust Deed made to the
Caldwell Building and Loan AssOcia
ton prior to said 10th day of August,
1893, and which was a prior incum-
brance upon said premises, toWit:
$29675 with interest at 10 per cent per
annum from Dec. 1893, $4,000 with
interest at 10 per cent per annum from
Jan. 18th, 1891, S3l.50 with interest at
10 per cent per annUn7 from Feb. 9th,
1894, 1871 so with interest at 10 per cent
per annum from Mar. 10Th, 1891, $31. 80
with interest at ten per cent per an
mum from May %, 1894, $94.50 with in
terest at 10 per cent per annum from
July 18th, 1894, $3l5O with interest at
10 per cent per annum from Aug. 24th,
1894, $3l50 with interest at 10 per cent
per annum from Sep. 20, 1894, $3.50
with interest at 10 per cent per annum
from Oct. Goth, 1894, $3.50 with inter
est at 10 per cent per annum from Dec.
4th, 1894, $t78.00 with interest at 10 per
cent per annum from Dec. Goth, 1894,
by plaintiffs for taxes, $4S28 with in
terest thereon from Dec 9th 1893 at 10
per cent per annum, and $35.02 with
interest thereon from Sep. 9th, 1894, at
10 per cent per annum, also to secure
the sum of $l325 paid by plaintiffs for
placing a side walk in front of part of
said premises, as ordered and assessed
by the City of Caldwell, with interest
thereon from the 9Th of Aug 1894, at
10 per cent per annum, also to secure
the sum of $3.50 paid by plaintiffs as
insurance premium for insurance on
certain of said mortgaged premises
with interest thereon from Nov. 23d,
1895, at 10 per cent per annum, and also
to secure attorneys fees, for which
plaintiffs are obligated in the sum of
$25000 and costs and disbursements of
suit; that the seventeen notes given as
collateral security, and the premises
conveyed by said mortgage may be
sold and the proceeds thereof applied
to the payment of said notes, moneys
expended by said plaintiffs as afOre-
said, attorneys fees, and costs of suit,
and in case such proceeds are not suffi.
Gent TO pay the same, then to obtain
an execution against the said Maurice
q. Stiles and William G. Dunbar Jr.
and each of them, for the balance re-
naming due, and also that the said de-
PENDANTS, each and every of them, and
all persons claiming by, through or unS
der them, any or all of them, may beI
barred and foreClosed Of all right, title,
claim, lien, equity of redemption, and
interest in and to said moTtgaged prem
ises, and each and every part and par
Gel thereof, and for other and further
relief, as will more fully appear by ref
erence to tue complaint on file herein