The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-10-31


ris II. Hayden, Plaintiffs,
H. E. Simmons, Anna B. Simmons,
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 fled in said County
Of Canyon in the office of the Clerk of
said District Court.
The State of Idaho sends Greeting to
ii. L. 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 service) 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
| a decree of this court for the forclOs-
ure of certain mortgage, described in
| the complaint and executed by the
said H 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 a GER
tain prOmissory note, styled a First
| Mortgage Coupon Bond, dated Boise
| City, Idaho, September 18th, 1892, for
100000 No. 23953, due on the list day
of December 1897, payable to w. i.
Telford 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 coupons at
tached. If any part of the principal or
interest is not paid at maturity 1t shall
bear interest at the rate of IL 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, II. 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. Telford.. And
the said plaintiffs are now the lawful
owners and holders of the same.
That of the IL interest coupons,
and no more, have been paid; except
that on the 7th day of February 1895,
there was paid the sum of $685. on the
9Th of said interest coupons leaving
then a balance of $36 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 H. u, Simmons
for the balance remaining due, and al
so that the said defendants, and all per
sons claiming by, through OF under
them, may be barred and fOreclosed OF
all right, title, claim, lien, equity of re.
demption, and interest, in and too said
i mortgaged premises, and for other and
further relief, and if you fail to ap
pear and answer said complaint az
above required, the plaintiffs will take
2 Q6IauIJ against you anu Apply W 9hS
{ court for relief demanded in the com
!. plant, certified copy of the same be
y ing served herewith.
y Given under my hand and seal of thu
said District Court of thu
Third Judicial District
$. State of Idaho in and fO
r TsEAL1 Canyon county, this 22nC
Of day of September in tn
D, year of our Lord one thous
1. and eight hundred ant
a ninety-six.
ID w. 9. DUNBAR, .Ir.,
Ia JOSEPH H. BLAIR, ClerR
Attorney for Plaintiffs.