Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-10-28
Alias Samm ms IN Foreel ,sure of N rtgage


In the District Court OF the Second Ju-
dicial District OF the State OF Idaho, III
and tor Neg Perez county.
{. A. Leighton, plaintiff, VS., David ).
Dent, as administrator OF the estate OF
John (. Bynaster deceased, and Mary
Byrnaster, Joseph Bymaster, George By
master Bessie Thompson and her nus
band Benjamin Thompson, Ellen b,
Wing, Alice Mcintosh and Duncan A.
Mcintosh, her husband, and Leslie A.
Porter, defendants.
| Action brought i'll the District Court of
the Second Judicial District, State of
Idaho, in ana for Nez Perez county, and
the complaint filed in 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 c. Bymaster, deceased,
/ MARY Bymaster, Joseph Bymaster, George
Bymaster, Bessie Thompson, Benjamin
| Thompson, her husband, Ellen d. 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 plaintln in the District
Court OF the Second Judicial District,
State OF Idaho, in and for Nee Perez
county, and to answer the complaint
filed therein within ten days (exclusive
OF the day of service) 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 a
decree OF this Court for the foreclosure OF
one certain mortgage, described i'll the
complaint and executed by the said John
c. Bymastcr then living, on the first day
Of June, 1891, to secure the payment OF
. one certain promissory note bearing date
Lewiston, Idaho, June list, 1891, for the
sum of one hundred and twenty 1920. oo)
dollars, payable at the office OF the Wash
ington Loan & Trust Co, Walla Walla,
Wash, III ten equal installments oil
, twelve dollars each, as follows: The first
!, installment on the first day of December
| 1891 the second installment on the frs,
day of June, 1892, and one installment OH
the first days of June and December i'll
each year thereafter, until the entire sun
is fully paid; and said note and mort
G gage further provide, and 1t is expressly
c agreed, that if default be made i'll the
a payment of any one of said installments
when due, or any part thereof, then all
of said miscellaneous shall become inme
:. diately due and payable at the option O
said &. A. Leighton or legal holder o
the note, and draw interest at twelve pei
. cent per annum from the date of sale
note, until fully paid. And the said
mortgage further provides that i'll default
+ OF the covenants and conditions of the
;. mortgage, or any of them, the party O
. the first part to pay to the mortgage Of
his assigns a reasonable attorneys tee fol-
u the foreclosure of the mortgage alleged
to be fifty dollars, the same to be a liei
upon the premises and added to til,
amount of the obligation and secured by
the mortgage, and to be included auc
j. operate as a part of the judgment OF
f foreclosure of the mortgage.
y The terms of the said note and sale
mortgage are alleged to be broken in thi.
n said sum of one hundred and twenty dol
Il lars. and each and every part of il is du,
It and entirely unpaid, and the taxes upor
d the mortgaged land during the four year,
o last past are alleged to have been paiC
h long after the same became due b,
,, plaintiff, contrary TO the alleged terms o
r the mortgage Aud the interests ant
n claims of all the defendants and al o
them are alleged to be subsequent ant
e subject to the lien of plaintiff S mortgag,
and on which there is alleged to be du,
plaintiff and entirely unpaid $23Se6 o
principal and interest, and $50 reason
able attorneys fee. In all s2SS.o6, all o
which more fully appears by reference t,
d plaintiff s complaint, to which referenc,
n is hereby made.
That the premises conveyed by sale
g mortgage may be sold and the proceed
thereof applied to the payment of sal,
principal, interest and attorneys fee an,
costs OF suit, and also that the said de
}. PENDANTS and all persons claiming by
Il through or under them, may be barret
a, and ioreclosed of all right, title, claim
q lien, equity of redemption, and interest
II in aud to said fnortgaged premises, an,
l. for other and further relief, and if 70,
e fail to appear and anwscr said complaint
;. as above required. the plaintiff will tax
q default against you and apply to tn
. court tor relief demanded in the com
n plant.
l.. Given under my hand and seal of iii,
h said District Court Of the Secon,
@ Judicial District, State of Idaho
N III and for Neg Perez county
j. SEAL this twenty -seventh day of Sep
= tember, III the year of our Lord
Il one thousand eight hundred aa,
a ninety-nine.
Is T. +. STO0KEY, Clerk.