Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-10-14
Alias SUNNI MS On Foreclosure Of N ,rigage.

In the District Court OF the Second Ju-
dicial District of the State of Idaho, i'll
and for Nez Perez county.
&. A. Leighton plaintiff, VS.. David 5.
Dent, as administrator of the estate OF
John c. Bymaster, deceased, and Mary
Bymaster, Joseph Bymaster, George By
master, Bessie Thompson and her hus-
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, III and tor NeZ 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 5. Dent, as administrator OF the
estate of John {. Bymaster, deceased,
Mary Bymaster, Joseph Bynlaster, 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 i'll
an action brought against you by the
above named plainuti i'll the District
Court of the Second Judicial District,
State OF Idaho, III and for Nez Perez
county, and to answer the complaint
filed therein within ten days (exclusive
OF the day OF srrvlce) after the service on
you of this summons if served within
this county, or IT served without this
county, but within this district within
twenty days or II served elsewhere,
within forty days, or Judgment by de
fault will be taken against you according
to the prayer OF said complaint.
Tie 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
{. Bymastcr, 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 (SI2o. oo)
dollars, payable at the office OF the Wash
ington Loan & Trust Co., Walla Walla,
Wash, Ill ten equal lnstallments OF
twelve dollars each, as follows; The first
lnstallment on the first day OF December,
1891, the second installment on the first
day OF June, 1892, 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 1t is expressly
agreed, that ii default be made in the
payment of any one of said installments
when due, or any part thereof, then all
of said installmeuts shall become imme-
dlately due and payable at the option Of
said Z. A. Leighton or legal holder of
the Lote, and draw interest at twelve per
cent per annun from the date of said
note, until fully paid, And 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 fee for
the foreclosure of the mortgage alleged
to be fifty dollars, the same to be lien
upon the premises and added to the
amount OF the obligation aud 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 inortgaged land during the four years
last past are alleged to have been paid
long after the same became due by
plaintiff, contrary to the alleged terms OF
the mortgage. Aud 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 S2SS. Of of
principal and interest, and $50 reason
able attorneys fee. In all S2SS e6, 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 be 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-
feudants and all persons claiming by,
through or under them, may be barred
and toreclosed of all right, title, claim,
lien, equity of redemption, and interest,
in and to said mortgaged premises, and
for other and further relief, and if YOU
fail to appear aud 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 and for Nez Perez county,
SEAL this twenty-seveuth day of Sep
TENDER, in the year of our Lord.
one thousand eight hundred aud
ninety-nine.
+ Il. STOOKEY, Clerk.
n