Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-12-09
Alias SUNNI us Oh Foreclosure of N, ,rtgsge.


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 OF the estate OF
ohm 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, in and for Nez Perez county, and
the complaint flied in said county OF Nez
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 {. Bymaster, deceased,
Mary Bymaster Joseph Bymaster, George
Bynaster, Bessie Thompson, Benjamin
Th 1mpson, 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
<
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 sprvice) after the service on
you of this summons If served within
! this county; or if served without thi:
county, but within this district, within
twenty days or if served elsewhere
Il, o., hx. Il
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 in tn
complaint and executed by the said Johl
c. Bymaster, then living, on the first da
OF June, 1891, to secure the payment
one certain pronissorg note bearing dat
Lewiston, Idaho, June Ist, 1891, tor TIL
sum of one hundred and twenty ($I2o. oc
dollars, payable at the office OF the Wash
ington Loan < Trust Co., Walla Walla
Wash, in ten equal installments {
twelve dollars each, as follows: The frs
instailment on the first day of December
1891 the second instalment on the frs
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 1t is expressl
agreed, that If default be made i'll tn
payment OF any one of said installmen'
when due, or any part thereof, then a
OF said installments shall become imInt
diately due and payable at the option {
said & A. Leighton or legal holder {
the note, and draw interest at twelve pc
cent per annum from the date of sal
note, until fully paid And the sal
mortgage further provides that i'll detau
OF the covenants and conditions of tn
mortgage, or any Of them, the party {
the first part to pay to the mortgage c
his assigns a reasonable attorneys tee fo
the foreclosure of the mortgage allege
to be fifty dollars, the same to be lie
upon the premises and added to th
{ amount of the obligation and secured b
the mortgage, and to be included an
| operate as part of the judgment o
foreclosure OF the mortgage.
The terms of the said note and sal
mortgage are alleged to be broken in tn
said sum of one hundred and twenty do
lars. aud ea1h and every part of it is du
and entirely unpaid, and the taxes upo
the mortgaged land during the four veal
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
claims of all the defendants and all
them are alleged to be subsequent an
} subject to the lien of plaintiff S mortgae
and on which there is alleged to be du
plaintiff and entirely unpaid S23S.96
principal and interest, and $50 reason
able attorneys fee. In all $2SS. 90, all
which more fully appears by reference +,
plaintiff s complaint, to which referenc
is hereby made.
That the premises conveyed by sal
mortgage may be sold and the proceed
thereof applied TO the payment of sal
principal, interest aud attorneys fee all
} costs of suit, and also that the said d,
PENDANTS and all persons claiming b,
through or under them, may be barre
and foreclosed of all right, title, CLAIM
lien, equity of redemption, and interes
in and to said mortgaged premises, an
for other and further relief, and if 70
fail to appear and anwser said complain
as above required. the plaintiff will tax
default against you and apply to tn
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 aud for Nez Perez count,
SEAL this twenty seventh day of Ser
TENDER, in the year of our Lore
one thousand eight hundred au
ninety-nine.
P f.. STOOKEY, Clerk.
BY --Dcputy.
+. O'NEILL, Attorney for Plaintiff.