Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-09-30

Alias SUNNI MS on Foreci sure of NJ rtgage
In the District Court OF the Second Ju-
dicial District OF the State of Idaho, in
and for Nez Perez county.
{. A. Leighton, plaintiff, vs.. David S.
Dent, AS administrator of the estate OF
John {. Bymaster, deceased, and Mary
Bymaster, Joseph Bymaster, George By
master, Bessie Thompson and her iius-
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, i'll and for Nez Perez county, and
the complaint filed in said county OF Nez
Perce, IN the office Of the Clerk of said
District Court.
The State of Idaho sends greeting to
David 5 Dent, as administrator of the
estate OF John {. Bymaster, deceased,
Mary Bymaster, Joseph Bymaster, George
Bymaster, Bessie Thompson, Benjamin
Thompson, her husband, Ellen B. Wing,
Alice Mcintosh, Duncan Mcintosh, her
husband, aud 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, in and for Nez Perez
county, and to answer the complaint
filed therein within ten DAYS Exclusive
OF the day of strvice) after the service on
you OF this summons if served within
this county or if served without this
county, but within this district, within
we a .la 4 II.
within forty days, or Judgment by de
iault VIII he taken against you according
to the prayer of said complaint.
The said action is brought to obtain
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, OH the first dav
OF june, 1891, to secure the payment of
one certain promissory note bearing date
Lewiston, Idaho, June Ist, 1901, tor the
sum OF one hundred and twenty ISL 20. oo)
dollars, payable at the Office of the Wash
lngton Loan Il Trust Co., Walla Walla,
Wash, in ten equal installments of
twelve dollars each, as follows: The first
installment on the first day of December,
1897 the second installnent on the FIRST
day OF June, 1892, and one installment on
each year thereafter, until the entire sum
is fully paid and said note and mort
gage further provide, and it is expressly
agreed, that if default be made in the
payment OF any one of said installments
when due, or any part thereof, then all
OF said instaliments shall become ilnue-
diately due aud payable at the option of
SAID I. A. Leighton or legal holder of
the note, aud draw interest at twelve per
cent per annum from the date of said
note. until fully paid. Aud the said
mortgage further provides that in default
OF the covenants and conditions of the
mortgage, or any of them, the party of
the first part to pay to the MORTGAGE or
his assigns a reasonable attorneys lee for
the foreclosure of the mortgage ALLEGED
to be fifty dollars, the same to be lien
upon the premises and added 10 the
amount of the obligation and secured by
the mortgage, and to be included and
operate as part of the Judgment on
foreclosure OF the mortgage.
The terms of the said note and said
mortgage are alleged to be broken in this |
SAID sum OF one hundred and twenty dol |
lars. and each and every part of it is due |
and entirely unpaid, and the taxes upon |
the mortgaged land during the four wears |
last past are alleged to have been paid |
long after the same became due by |
plaintiff, contrary to the alleged terms Of |
the mortgage. And the interests and |
claims of all the defendants and all of |
them are alleged to be subsequent and |
subject TO the lien of plaintiff S mortgage !
and on which there is alleged to be due |
plaintiff and entirely unpaid sass .e6 of |
and interest, and $50 reason |
able attorneys fee. In all S2SS. 90. all of |
which more fully appears by reference to |
S complaint, to which reference |
is hereby made.
That the premises conveyed pv said |
mortgage may be sold aud the proceeds |
thereof applied to the payment OF said /
interest and attorneys fee and /
costs OF suit, aud also that the said de- /
PENDANTS and all persons claiming by, |
through or under them, may be barred 4
mi toreeloscd OF all right title, claim.
len, equity of redemption, and interest,
n aud to said mortgaged PROMISES. and I
or other aud further relief, and ii YOU /
all TO appear aud auwser said complaint,
Is above required. the plaintiff will take
ieiauit against YOU aud apply to the
'onrt for relief demanded i'll the com.
llaint.
Given under my hand and seal of the
said District Court of the Second
Judicial District, State OF Idaho,
IN and tor Neg Perce county,
SEAL this twemy-seventh dav OF Sen.
TENDER, in the year of our Lord,
Que thousand eight hundred aud
ulnety-nine. II
r +. STOOKEY, Clerk. 1
By-------------- IlapufH
E. o'SElLL, Attorney for Plaintiff.