Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-11-29
Alias SUNNI as OF Foreclosure of Myrtgsge

In the District Court OF the Second Ju-
dicial District of the State of Idaho, in
and for Nez Perez county.
G. A. Leighton, plaintiff, VS.. David 5.
Dent, as administrator of the estate oil
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 in the District Court Of
the Second Judicial District, State of
I Idaho, III ana for Nez Perce county, and
| the complaint filed iii said county OF Nez
Perce, 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 c. Bymaster, deceased,
MARY Bymaster, Joseph Bymaster, George
| Bymaster, Bessie Thompson, BenIamin
Th ompson, her husband, Ellen b. Wing,
Alice Mcintosh, Duncan Mcintosh, her
husband, and Leslie A. Porter.
You are hereby required to appear Ill
an action brought against you by the
above named plaintiff in 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 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
G.. Bymaster, then living, on the first day
of June, 1891, to secure the payment OF
one certain promissor-7 note bearing date
Lewiston, Idaho. June Ist, 1891, for the
sum of one hundred and twenty ($I2o. 90
dollars, payable at the Office OF the Wash
iugton Loan & Trust Co., Walla Walla
Wash, in ten equal installments o.
twelve dollars each, as follows: The first
instailment on the first day of December
1891 the second installment on the frs
day of June, 1892, and one installment OF
the first days of June and December II
each year thereafter, until the entire sun
is fully paid; and said note and mort
gage further provide, and it is expressl,
agreed, that if default be made i'll thu
| payment OF any one of said installment
when due, or any part thereof, then al
of said installments shall become imrne
d1ately due and payable at the option q
said &. A. Leighton OF legal holder o
the note, and draw interest at twelve pc
leent per annum from the date of sait
note, until fully paid. And the sait
mortgage further provides that in detaul
of the covenants and conditions of tn
mortgage, or any Of them the party Q
the first part to pay to the mortgage o
his assigns reasonable attorneys tee 70
, the foreclosure of the mortgage allege'
to be fifty dollars, the same to be a liel
upon the premises and added to TIL
amount of the obligation and secured b
the mortgage, and to be included an
operate as a part of the Judgment o.
foreclosure of the mortgage.
The terms Of the said note and sal
mortgage are alleged to be broken in thi
said sum of one hundred and twenty dol
lars. and each and every part of it is du
Y and entirely unpaid, and the taxes upo
, the mortgaged land during the four year
last past are alleged to have been pai
/ ltuS dlitl ING SdlilG DtCalHC uue ID
:. plaintiff, contrary to the alleged terms {
the mortgage. And the interests an
claims of all the defendants and all c
them are alleged to be subsequent an
: subject to the lien of plaintiff S mortgag
and on which there is alleged to be dl
plaintiff and entirely unpaid S23S.96 c
principal and interest, and $50 reason
able attorneys fee. In all S2SS. 90. all c
which more fully appears by reference t
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 and attorneys fee an
1 costs of suit, and also that the said de
PENDANTS and all persons claiming by
= through or under them, may be barre
and foreclosed of all right title, claim
lien, equity of redemption, and interest
i'll and to said mortgaged premises, an
for other and further relief, and if yo
+ fail to appear and anwser said complaint
, as above required. the plaintiff will tax
default against you and apply to tn
court for relief demanded in the com
plant.
: Given under my hand and seal of TIL
| said District Court of the Secon
Judicial District, State of Idaho
in and for Nez Perez county
SEAL this twenty seventh day of Ser
te1nber, in the year of our Lord
one thousand eight hundred au,
ninety-nine.
P f. STOOKEY, Clerk.
-------'---------Deputy.
T. O'NEILI Attorney for Plaintiff