Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-10-07
Alias SUNNI ons On Foreclosure of Mortgage

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 5
Dent, as administrator OF the estate of
John {. Bymaster, deceased, and Mary
Byinaster, Joseph Bymaster, George BY
master, Bessie Thompson and her hus-
band benjamin Thompson, Ellen Il,
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, i'll and for Nez Perez county, and
the complaint filed i'll said county of Nez
Perez, i'll 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 Bynaster, Joseph Bynaster 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 in
an action brought against you by the
above named plaintiff ill the District
Court of the Second Judicial District,
State OF Idaho, in and for Nee Pcrce
county, and to answer the complaint
hled 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
decree of this Court for the foreclosure of
one certain mortgage, described i'll the
complaint and executed by the said John
Z. Bymaster, then living, on the first dav
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, III ten equal installments of
twelve dollars each, as follows: The first
installment on the first day of December.
1891 the second installmeut on the first
day OF June, 1892, and one instalment on
the first days of June and December in
each year thereafter, until the entire sum
Is fully paid; and said note and mort.
gage further provide, and it is expressly
agreed, that if default be made in the
payment of any one of said nstallments
when due, or any part thereof, then all
of said installments shall become iinme
diately due and payable at the option of
said Z, A. Leighton or legal holder of
the hote, and draw interest at twelve per
cent per annum from the date of said
note, until fully paid And the said
mortgage further provides that in detaul,
OF the covenants and conditions OF the
mortgage, or any of them, the party of
the hrst part to pay to the MORTGAGE or
his assigns reasonable attorneys fee for
the foreclosure OF the mortgage alleged
to be hfty dollars, the same to be a lien
upon the premises and added to the
amount OF the obligation and 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 mortgaged land during the four wears
last past are alleged to have been Maid
long after the same became due bv
pialntiii, contrary to the alleged terms OF
the mortgage. And the interests and
claims OF all the defendants and all of
them are alleged to be subsequent and
subject to the lien of plaintiff 5 mortgage
and ON which there is alleged to be due
plaintiff and entirely unpaid S23S o6 of
and interest, aud $50 reason
able attorneys fee. In all S2SS. o6 all NJ
which more fully appears by reference to
plaintiff S complaint, to which reference
IS hereby made
mat the premises conveyed ny said
mortgage may I've sold and the proceeds
thereof applied to the payment of said
interest aud attorneys fee and
costs OF suit, and also that the said de.
PENDANTS and all persons claiming by,
through or under them, may be barred |
and toreciosed of ali right, title, claim, !
lien, equity of redemption, and interest |
N aud 10 said mortgased premises. and
Tor other and further relief, and if vcu
AM to appear aud anwser said complaint |
As above required. the plaintiff will take |
leiaelt against YOU and apply TO the /
court for relief demanded in the com. |
plant.
Given under my hand aud seal of the /
said District Court of the Second /
Judicial District, State of Idaho I
IN and for Neg Perez county, /
skALI TINS twcnty-seventh day of Sep |
temher, in the year of our Lord, |
one thousand eight hundred aud /
ninety mine.
p +. SToOKEY, Clerk.