Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1897-06-11
SUMMONS.

THE DISTRICT COURT OF TIE SECOND
1 Judicial district of the State of Idaho, in
and for the Comfy Of idaho.
Holland Bank, corporation, plaintiff vs.
Clinton T. Smith. A. A. Kincaid and Josie
kincaid, his wife. defendants.
To Clinton 7. Smith, A. A. Kincaid and Josie
kincaid, his wife. defendants
The State of Idaho seuds greeting.
You and each OF you are hereby notified and
required to appear in an action brought
the District Court OF the Second Judicial Dis
trict of the State of Idaho, In and for the
County OF Idaho, and to answer the complaint
OF plaintiff filed therein within ten days after
the service of this summons upon YOU II sery.
ed Within this county, or II served without this
county but within this district, within twenty
days, otherwise within forty days Exclusive OF
the day OF service) or judgment will be taken
against You according to the prayer OF said
complaint as IL confessed
The said action Is brought for the purpose of
obtaining decree Of this court for the foreclo.
sure OF certain mortgage. mentioned and de-
scrioed In said complaint, and executed by
ust, 1893. to the American National Trust Com
pany, corporation. to secure the payment Of
your certain promissory note OF even date
OF the United States OF America, with Interest
thereon at the rate Of 10 per cent. per annum
from said August l6, lses, until paid and plain.
IN alleges In its complaint that 1t Is the as.
signee aud successor in interest Of the said
American National Trust Company. a corpora
tion. In and to all its right, title and interest
plaintiff is now the lawful owner and holder
OF said note and mortgage deed.
Plaintih prays Judgment against you, elm
ton T: Smith, for the principal sum Of 500 90
with interest thereon at the rate of 10 per cent
per annum from the 10th day of August, 1893.
until paid, and the further sum of SIS as attor-
ney's fees herein, together with all costs OF
That the usual decree may be made for the
sale OF said premises described IN said com.
plant and mortgage by the sheriff Of Idaho
County. State OF idaho. and that the proceeds
OF said sale may be applied Ia payment of the
amount found due to plaintiff; that you, the
defendants, A. A. kincaid and Josie Kincaid
his wife, and each of you, and all persons
claiming or to claim from or under you, or
either or any OF you, subsequent to the execu.
tion oil said mortgage upon said premises, may
be barred and foreclosed OF all right, claim or
equity OF redemption In. to or upon sa i'd premi-
SEES, or any portion thereof, aud that the plain
tiff may have judgment against you Clinton 7.
smith, for any deficiency which may remain
after applying all Of the proceeds of said sale.
properly and applicable thereto, tn the salts.
faction OF said Judgment. Plaintiff also prays
for such other relief In the premises as to this
Hon Court may seem meet and equitable
You and each OF you are hereby further no
tined that II you fail to appear and answer
said complaint as above required, the plaintiff
Will apply TO the court for the relief demanded
In 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
tsEAL.I for the County of Idaho this 18th day
of April. A. ID. 1897.
A. w. TALKINGTON, Clerk,
FoRsEY, SMITH 4 MOORE,
49, Plaintiffs Attorneys.