Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-10-11
Alias SUNNI DDS "a Foreclosure Of N rtgage

In the District Court OF the Second Ju-
dicial District of the State OF Idaho III
and for Nez Perez county.
c. A. Leighton, plaintiff, VS. David ).
Dent, as administrator OF the estate OF
John c. Bymasler, deceased, and Mary
Bymaster, Joseph BynIaster, George By
master, Bessie Thompson and her hus-
band Benjamin Thompson, Ellen B,
Wing, Alice Mcintosh and Duncan A.
Mcintosh, her husband, and Leslie 4.
Porter, defendants.
Action brought in the District Court Of
the Second Judicial District, State OF
Idaho. i'll ana for Nez Perez county, aud
the complaint filed i'll said county OF Nee
Perez, IN 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 {. Bymaster, deceased,
Mary Bymaster, Joseph Bymaster, George
Bymaster, Bessie thompson, Benjamin
Thompson, her husband, Ellen Il. Wing,
Alice Mcintosh, Duncan Mcintosh, her
husband, and Leslie A. Porter.
You are hereby required 10 appear III
an action brought against YOU by the
above named piaintlii in the District
Court OF the Second Judicial District,
State OF Idaho, i'll and for NeZ Perez
county, and to answer the complaint
fled therein within ten days Exclusive
OF the day OF tryice) after the service on
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
decree of this Court for the foreclosure of
one certain mortgage, described i'll the
complaint and executed by the said John
{. Bymaster, 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, Tor the
sum of one hundred and twenty Isl o.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
iustallment on the first day of December
1891 the second installment on the first
day of June, 1892, and one installment OH
the first days of June and December i'll
each year thereafter, until the entire sum
is fully paid; and said note and mort
gage further provide, and it is expressly
agreed, that it default be made i'll the
payment of any one of said installments
when due, or any part thereof, then all
of said installments shall become imine-
diately due and payable at the option Of
said &. A. leighton or legal holder of
the note, and draw interest at twelve per
cent per annum from the date of said
4 nj I'd lao a
mortgage further provides that in default
OF the covenants and conditions of the
mortgage, or any of them, the party of
the first par: 10 pay to the MORTGAGE or
his assigns a reasonable attorneys Tee for
the foreclosure of the mortgage alleged
to be fifty dollars, the same to be a lien
upon the premises and added to the
| amount of the obligation and secured by
/ the mortgage, and to be included and
operate AS a 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 years
last past are alleged to have been paid
plaintiff, contrary to the alleged terms OF
the mortgage. Aud the interests and
claims of all the defendants and al of
them are alleged to be subsequent and
| subject to the lien of plaintiff 5 mortgage
and on which there is alleged to be due
plaintiff and entirely unpaid S23S. % of
/ principal and interest, and $50 reason
able attorneys fee. In all SaSS. 90, all of
which more fully appears by reference to
plaintiff S complaint, to which reference
is hereby made.
That the premises conveyed Nv said
mortgage may he sold and the proceeds
thereof applied to the payment of said
principal, interest and attorneys fee and
costs OF suit, and also that the said de
/ PENDANTS and all persons claiming by,
! through OF under them, may be barred
and toreclosed OF all right, title, claim,
/ hen, equity of redemption, and interest,
IN and TO said mortgaged premises. and
tor other and further relief, and if Won
/ fail to appear and anwser said complaint
as above required. the plaintiff will take
default against you and apply to the
court for relief demanded in the com.
/ plant.
( Given under my hand and seal of the
said District Court OF the Second
Judicial District. State of Idaho.
in aud for Nez Perez county,
( lSEALI this twenty-seveuth day OF sep
TENDER, in the year of our Lord,
one thousand eight hundred aud
ulnety-nine.
p f.. SToOKEY, Clerk