Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-11-08
Alias SUNNI ms on Foreclosure of N rtsage.

g
In the District Court OF the Second Ju- |
dicial District of the State of Idaho, in |
and for Ncz Perez county.
4. A. Leighton, plaintiff, VS.. David S. |
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 in the District Court of
the Second Judicial District, State of
Idaho, in and for Nez Perez county, and
the complaint fled 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 S. Dent, as administrator of the
estate of John {. Bymaster, deceased,
Mary Bymaster, Joseph Bymaster, 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 Ill
an action brought against you by the
above-named plaintiff in the District
Court of the Second Judicial District,
State of Idaho, in and for Nez 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; OF 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
c. Bymaster, then living, OH the first day
of June, 1891, to secure the payment OF
one certain promissory note bearing date
Lewiston Idaho, June Ist, 1891, for the
sum of one hundred and twenty $4,000
dollars, payable at the Office of the Wash
ington Loan & Trust Co., Walla Walla,
Wash, in ten equal installments OF
twelve dollars each, as follows: The first
| installment 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 it is expressly
agreed, that if default be made i'll the
payment of any one of said installments
| when due, or any part thereof, then all
of said installments shall become imme
0 diately due and payable at the option O
:, said &. A. Leighton or legal holder o
the note, and draw interest at twelve PEI
: cent per annum from the date OF sale
o note, until fully paid. And the sale
Y mortgage further provides that in defaul
of the covenants and conditions of thu
mortgage, or any of them, the party o
the first part to pay to the mortgage O
Il his assigns a reasonable attorneys fee TO
@ the foreclosure of the mortgage ALLEGED
), to be fifty dollars, the same TO be liei
upon the premises and added to tn
r. amount of the obligation and secured b.
the mortgage, and to be included AM
If operate as a part of the judgment Of
=, foreclosure of the mortgage.
The terms of the said note and sal
y mortgage are alleged to be broken in thi
lie said sum of one hundred and twenty do
e lars and each and every part OF 1t is du
;, and entirely unpaid, and the taxes upo
=" the mortgaged land during the four year
last past are alleged to have been pal
|
N plaintiff, contrary to the alleged terms
the mortgage. And the interests an
~ claims of all the defendants and all I
them are alleged to be subsequent an
subject to the lien of plaintiff s mortgae
y and on which there is alleged to be dr
Id plaintiff aud entirely unpaid $685.. go
10 principal and interest, and $50 reaso
able attorneys fee. In all sass. 60. all
which more fully appears by reference
. plaintiffs complaint, to which referen
is hereby made.
That the premises conveyed by sa
o. mortgage may be sold and the procee
RS thereof applied to the payment OF sa
- principal, interest and attorneys fee al
4. costs of suit, and also that the said
PENDANTS and all persons claiming 3
through or under them, may be barr
. and foreclosed of all right, title, ciai
lien, equity of redemption, and intere
in and to said mortgaged premises,
for other and further relief, and II
fail to appear and anwser said complain
as above required. the plaintiff will ia
be default against you and apply to
81" court for relief demanded in the co
'N plant.
lon Given under my hand and seal of
by said District Court of the Seco
- Judicial District State of Ida
in and for Nez Perez coun
ons IsEALl this twenty seventh day of S
TENDER, in the year of our Lo
:. one thousand eight hundred {
ninety-nine.
j. p. z. STOOKEY, Clerl
Bv- Deput,