Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-11-04
Alias SUNNI rs on Foreclosure of "A rtgage.
= Lewiston, Idaho

Hhas Suim us on FORECLOSURE OIL N 1rtgage.
In the District Court OF the Second Ju-
dicial District of the State of Idaho, in
and tor Nez Perez county.
Z. A. Leighton, plaintiff, VS.. David S.
Dent, as administrator of the estate of
John I. Bymaster, deceased, and Mary
bymaster, Joseph Bymaster, George By
master, Bessie Thompson and her hus-
band Benjamin Thompson, Ellen b,
Wing, Alice Mcintosh and Duncan A.
Mcintosh, her husband, and Leslie A.
Porter, defendants.
Action brought in the District Court of
the Second Judicial District, State of
Idaho, in and for Nez Perez county, and
the complaint filed in said county OF Nez
Perce, i'll the Office of the Clerk of said
District Court.
The State of Idaho sends greeting to
David S. Dent. as administrator OF the
estate of John c. Bynaster, deceased,
Mary Bymaster, Joseph Bymaster George
Bymaster, Bessie Thompson, Benjamin
Thompson, her husband, Ellen b. Wing
Alice Mcintosh, Duncan Mcintosh, her
husband, and Leslie A. Porter.
You are hereby required to appear in
an action brought against you by the
above-named plaintiff in the District
Court of the Second Judicial District,
State of Idaho, i'll and for Nez Perez
county, and to answer the complaint
filed therein within ten days exclusive
OF the day of service) after the service OH
you of this summons if served within
this county; or if served without this
county, but within this district, within
twenty days or if served elsewhere,
within forty days, or Judgment by de
fault 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 foreclosure of
one certain mortgage, described i'll the
complaint and executed by the said John
{. Bynaster, then living, on the first day
! of June, 1891 to secure the payment OF
one certain promissory note bearing date
| Lewiston, Idaho, June Ist, 1891, for the
sum of one hundred and twenty Isl 20 oo)
dollars, payable at the Office OF the Wash
ington Loan & Trust Co., Walla Walla,
Wash, i'll ten equal installments OF
twelve dollars each, as follows: The first
instailment on the FIRST day of December
1891; the second installment on the frs,
day of June, 1892, and one installinent on
the first days of June and December il
each year thereafter, until the entire sun
is fully paid; and said note and mort
gage further provide, and it is expressly
agreed, that if default be made i'll the
payment of any one of said installment'
when due, or any part thereof, then al
of said installments shall become imme
dlately due and payable at the option O
said &. A. Leighton or legal holder o
the note, and draw interest at twelve pc
cent per annun from the date of sait
note, until fully paid. And the sait
mortgage further provides that i'll deiaul
of the covenants and conditions of thu
mortgage, or any of them, the party o
the first part to pay to the MORTGAGE o
his assigns a reasonable attorneys Tee 70
the foreclosure of the mortgage alleged
to be fifty dollars, the same to be liel
upon the premises and added to TIL
amount of the obligation and secured b.
the mortgage. and to be included ant
operate as part OF the Judgment Oh
foreclosure OF the mortgage.
The terms of the said note and sal
mortgage are alleged to be broken i'll tli
SAID sum of one hundred and twenty do
lars and each and every part of II is du
and entirely unpaid, and the taxes upo
the mortgaged land during the four year
last past are alleged to have been pal
long after the same became due b
plaintiff, contrary to the alleged terms {
the mortgage. And the interests an
claims of all the defendants and all {
them are alleged to be subsequent an
subject to the lien Of plaintiff S mortgag
and on which there is alleged to be du
plaintiff and entirely unpaid $23S.9o {
principal and interest, and $50 reason
able attorneys fee. In all $2SS. 90, all {
which more fully appears by reference
plaintiff IS complaint, to which reierenc
: is hereby made.
, That the premises conveyed by sal
, mortgage may be sold and the proceed
thereof applied to the payment of sal
principal, interest and attorneys fee All
: costs of suit, and also that the said d
= PENDANTS and all persons claiming b.
, through or under them, may be barre
:. and foreclosed of all right, title, clair
4 lien, equity of redemption, and interes
: in and to said mortgaged premises, al
= for other and further relief, and if yo
. fail to appear and anwser said complain
as above required. the plaintiff will tai
$ default against you and apply to Il
: court for relief demanded in the col
plant.
Given under my hand and seal of Il
II said District Court OF the Secor
l. Judicial District, State of Idah
q in and for Nez Perez count
GsEAI.l this twenty-seventh day OF Sc
- TENDER, in the year of our Lor
: one thousand eight hundred al
70 ninety-nine.
, p. +. STOOKEY, Clerk.
-