Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-09-27
Alias SUNNI % on forsci szre Of n r'ssse


AIlss SUNNI as 90 forsei sare 81 r'ssse
lu the District Court oil the Second Ju
licial District OF the State % Idaho, III
and for Ncs Perez county.
&. A. Leighton, plaintiff v. David ;
Dent. a. administrator of the estate of
John (. Bymaster, deceased, and MarS
i3vmaster, Joseph Bymaster. George BY
master, Bessie Thompson and her hus-
band Benjamin Thompson. Ellen b.
Wing, Alice Mcintosh and Duncan \.
Mcintosh, her husband, and Leslie A
Porter, defendants.
Action brought III the District Court OF
the Second Judicial District. State OF
Idaho. in aud tor Nee Perez county. and
the complaint filed i'll said county OF Nez
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, Jose pin 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 10y the
above-named plaintiff III 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 iexclusive
oi the day OF ssrvicel after the service on
you OF this summons if served within
this county; or II 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 bi ought to obtain "A
decree of this Court for the foreclosure OF
one certain mortgage, described III 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 promssory note bearing date
Lewiston, Idaho, June Ist, 1891, Tor the
sum of one hundred and twenty $40. ooi
dollars, payable at the office OF the Wash
Ington Loan * Trust Co, Walla Walla,
Wash, III ten equal instAllments of
twelve dollars each, as follows. The first
instalment on the first day of December,
1891 the second installment OH the frs,
day OF June, 1891, and one installment on
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 If default be made in the
payment OF any one OF said installments
when due, or any part thereof, then all
of said installments shall become imme-
diately due and payable at the option Of
said &. A. Leighton or legal holder OF
the note, aud draw interest at twelve per
cent per annnm from the date OF said
note, until fully paid. And the said
mortgage further provides that in default
of the covenants aud conditions Of the
mortgage, or any Of them, the party ui
the first part to pay to the MORTGAGE or
his assigns IA reasonable attorney tee for
the foreclosure of the mortgage alleged
to be fifty dollars, the same to be a lien
upon the premises aud added to the
amount OF the obligation and secured by
| the mortgage, ana 10 he included and
operate as "A part of the Judgment on
| foreclosure OF the mortgage.
| The terms Of the sad 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
1
last past are alleged to have been paid
long after the same became due by
plaintiff, contrary to the alleged terms o.
the mortgage. Aud the interests ant
claims OF all the defendants and al o
them are alleged To be subsequent an,
subject to the lien of plaintiff 5 mortgag,
aud on which there is alleged to be du,
plaintiff and entirely unpaid $4,000 O
/ al t,,t,
able attorneys fee. In all S2SS, 90. all q
plaintiff s complaint, to which referenc
is hereby made.
That the premises conveyed oy SAT-
mortgage may be sold and the proceed
thereof applied to the payment of SAT-
principal, interest and attorneys fee an,
costs of suit, and also that the said de
PENDANTS and all persons claiming by
through or under them, may be barre
and foreclosed OF all right, title, claim
lien, equity of redemption, and interest
III and to said mortgaged premises, am
for other and further relief, and If 20
fail to appear aud auwser said complaint
as above required. the plaintiff will tax
default against yop and apply to til
court for relief demanded in the con
plant.
Given under my hand and seal of tn
said District Court of the Secon
Judicial District, State of Idaho
i'll and for Nez Perez count,
SEAL this twenty seventh day of Sci
TENDER. in the year of our Lort
one thousand eight hundred au
ninety
p. +. STOOKEY, Clerk.
By----------------------- Deputy,
+ D'NEIII Attorney for plaintiff