Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-11-01
Alias SUNNI MS IN Forced sure of VI rtgage,

In the District Court OF the Second Ju-
dicial District OF the State OF Idaho IN |
and for Nez Perez county.
&. A. Leighton, plaintiff, VS.. David ,.
Dent, as administrator oi the estate oi /
John G. By1naster, deceased, and Mary |
Bymastcr phi Bymaster, George BY |
master Bessie Thompson and her nus
| band Benjamin Thompson, Ellen Il, /
Wing, Alice Mcintosh and Duncan A.
Mcintosh. her husband and Leslie a.
Porter. defendants.
| Action brought in the District Court OF
the Second Judicial District State OF
| Idaho in and for Nee Perce county, and
| the complaint filed i'll SAID county OF Nez
Perce, in the Office OF the Clerk OF said
i 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 Byrnaster, 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 III
an action brought against you by the
above-nam plaintiff III the District
Court of the Second Judicial District,
State OF Idaho, i'll and for Nee Perez
county, and to answer the complaint
filed 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 or if served elsewhere,
within forty days, or Judgment by dc
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 Ill the
, complaint and executed by the said John
c. Byinaster, then living, on the first day
of June, 1891, 10 secure the Payment OF
e one certain pronissory note bearing date
Lewiston, Idaho, June Ist, 1891, for the
sum of one hundred and twenty (SI2o. oo)
s dollars, payable at the Office OF the Wash
ington Loan & Trust Co., Walla Walla,
Wash, in ten equal instruments OF
i twelve dollars each, as follows: The first
instailment on the first day OF December
; 1891 the second installment on the first
!. day of Iune, 1892, and one installment on
the first days OF June and December III
y each year thereafter, until the entire sum
e is fully paid; and said note and mort
gage further provide, and it is expressly
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 q
said Z A. Leighton or legal holder o
st the note, and draw interest at twelve pei
y cent per annum from the date of SaiG
r note, until fully paid. And the sait
" mortgage further provides that in detaul
of the covenants and conditions of TIL,
mortgage, or any of them, the party o
the first part to pay to the mortgage OF
Is his assigns a reasonable attorneys lee FOL
x the foreclosure of the mortgage alleged
n. to be fifty dollars, the same to be a lier
upon the premises and added to the
ii amount of the obligation and secured b,
n the mortgage, and to be included anC
operate as part of the Judgment oil
foreclosure of the mortgage.
G. The terms of the said note and sale
i, mortgage are alleged to be broken iii thi
" SAID sum of one hundred and twenty dol
Is lars. and each and every part of it is du
10 and entirely unpaid, and the taxes upoi
is the mortgaged land during the four year
+, last past are alleged to have been pal,
long after the same became due b.
plaintiff, contrary to the alleged terms @
=, the mortgage. And the interests an,
VI All tHS utiGlludHtS anu al u
N them are alleged to be subsequent an,
DC subject to the lien of plaintiff S mortgag
We and on which there is alleged to be du
II plaintiff and entirely unpaid S2SS96 c
principal and interest and $50 reason
able attorneys fee. In all S20S. 90, all c
ct which more fully appears by reference t
plaintiff S complaint, to which referenc
III is hereby made.
H. That the premises conveyed by sal
r. mortgage may be sold and the proceed
,y thereof applied to the payment of sal
principal, interest and attorneys fee an
"S costs OF suit, and also that the said dc
PENDANTS and all persons claiming by
4, through or under them, may be barre
so aud forecloscd of all right. title, claim
or lien, equity of redemption, and interes
Dl. ia and to said mortgagcd premises, an
no for other and further relief. and if yo
.. fail to appear and anwser said complain
eh as above required. the plaintiff will tax
ial default against YOU and apply to til
IA court for relief demanded in The con
plant.
Given under my hand and seal of tn
"e said District Court of the Secon
AS Judicial District, State OF Idah,
rs. in aud for Nez PIERCE count,
IA, ISEAI THIS twenty-seventh day of Sci
tember, III the year of our I.orG
M one thousand eight hundred au
ire ninety-nine,
ed p. +. STOoKEY, Clerk.
D. \