Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-11-18

In the District Court OF the Second Ju-
licIal District OF the State OF Idaho, IN
and tor Nez Perez county.
C. a. Leighton, plaintiff, vs.. David D,
lent. as administrator OF the estate OF
John (. Bymaster, deceased, and Mary
Rynlaster, Joseph Byuaster, George BY
master, Bessie Thompson and her hus-
band Benjamin Thompson, Ellen b,
Wing, Alice Mcintosh aud Duncan A.
Mcintosh, her husband aud Leslie a,
Porter. defendants
Action brought in the District Court OF
the Second Judicial District, State OF
Idaho, m and for Neg Perez county, and
the complaint filed i'll said county OF Neg
Perez, in the office OF the Clerk OF said
District Court.
The State of Idaho sends greeting to
David ). Dent. as administrator OF the
estate OF John Z. Bymaster, deceased,
Mary Bymaster. Joseph Bymaster, George
Byuaster, Bessie Thompson, Benjamin
Th 1rnpson, 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
labove-named plaintiff in the District
Court of the second Judicial District,
State of Idaho, in and for Nez Perce
county, and to answer the complaint
| fled therein within ten days exclusive
| of the day of sprvice) 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 OF if served elsewhere
/ sud Mt w
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 o
one certain mortgage, described Ill tn
complaint and executed by the said JONI
c. Bymaster, then living, on the hrst da,
of June, 1891, TO secure the payment Q
one certain promissor! note bearing DAT
Lewiston, Idaho. June Ist, 1891, tor til
sum of one hundred and twenty tsI2o.oo
dollars, payable at the office OF the Wash
iugton Loan & Trust CO., Walia Walia
; Wash, i'll ten equal installments {
i. twelve dollars each, as follows: The hrs
instailnent on the first day of Decembel
1901 the second lnstallment on the tlr:
i day OF June, 1892, and one installment o
, the first days OF June and December
each year thereafter, until the entire SUI
{ is fully paid; and said note and NOR
gage further provide, and it is expressl
agreed, that II default be made in tn
I payment OF any one of said lnstallmen
when due, or any part thereof, then a
> OF said installments shall become iinm
= diately due and payable at the option
said & A. Leighton or legal holder I
the Tote, and draw interest at twelve Pr
i cent per annrm from the date OF sal
note, until fully paid. And the sal
> mortgage further provides that III defau
Y of the covenants and conditions of Il
mortgage, or any of them, the party
the first part to pay to the MORTGAGE {
: his assigns a reasonable attorneys tee f
the foreclosure of the mortgage alleys
to be fifty dollars, the same to be lie
!. upon the premises and added to I'll
amount of the obligation and secured |
the mortgage, and to be included at
operate as a part of the Judgment {
| foreclosure of the mortgage.
| The terms of the said note and sa
. mortgage are alleged to be broken in tn
SAID sum OF one hundred and twenty dc
lars and each and every part OF it is d,
and entirely unpaid, aud the taxes upc
the mortgaged land during the four yea
last past are alleged to have been pa
long after the same became due
plaintiff, contrary TO the alleged terms
the mortgage. Aud the interests al
claims of all the defendants and all
them are alleged to be subsequent al
subject to the lien of plaintiff S mortga
and on which there is alleged to be d
plaintiff and entirely unpaid $23Se6
o principal and interest, and $50 reaso
able attorneys fee. In all S2SS.96, all
which more fully appears by reference
n plaintiff S complaint, to which referen
is hereby made.
That the premises conveyed by sa
mortgage may be sold and the procee
thereof applied to the payment of sa
principal, interest and attorneys fee al
costs of suit, and also that the said q
PENDANTS and all persons claiming b
through or under them, may be barr
=, and foreclosed of all right. title, clail
: lien, equity of redemption, and intere
i'll and to said mortgaged premises, al
for other and further relief, and if v
y. fail to appear and anwser said complain
-e as above required. the plaintiff will ia
y default against YOU and apply to t
court for relief demanded in the col
80 plant.
Given under my hand and seal of t
said District Court of the SecoI
Judicial District, State of Idah
in and for Nez Perez count
SEAL, this twenty-seventh day of Sc
TENDER, i'll the year of our Lof
one thousand eight hundred a,