Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-10-25
Alias SUNNI ms on Foreclosure of N ,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 OF the estate OF
John {. Bymastcr, deceased, and Mary
| Bymaster, Joseph Bymaster, George By
, master Bessie Thompson and her hus-
band Benjamin Thompson, Ellen b,
Wing, Alice Mcintosh aud Duncan A.
! Mcintosh, her husband, and Leslie a.
Porter, defendants.
| Action brought III the District Court of
) the Second Judicial District, State of
Idaho, in and for Nez Perez county, and
1 the complaint filed i'll said county OF Nee
/ Perce, 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 iii
an action brought against you by the
above named plaintiff III the District
Court of the Second Judicial District,
county, and to answer the complaint
filed therein within ten days Exclusive
of the day of strvice) after the service on
you of this summons if served within
this county; or it served without this
county, but within this district, within
| twenty DAYS or ii 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
c. Bymaster, then living, on the first day
of June, 1891, to secure the payment OF
one certain promissory note bearing date
Lewiston Idaho, June list, 1891, for the
sum OF one hundred and twenty (Si2o. oo)
dollars, payable at the Office OF the Wash
ington Loan * Trust Co., Walla Walla
Wash, in ten equal installmcnts of
twelve dollars each, as follows: The first
installment on the first day of December
1891 the second instalinent OH 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 ii is expressly
agreed that if default be made in the
payment of any one of said installments
when due, or any part thereof, then all
of said iustallments shall become inme-
| diately due and payable at the option Of
said e. A. leighton or legal holder of
: the Lote, and draw interest at twelve per
cent per annum from the date of said
2 note, until fully paid. And the said
| mortgage further provides that in default
l.,l ~ al.
/, mortgage, or any of them, the party of
the first part to pay to the MORTGAGE or
l his assigns reasonable attorneys tee for
E the foreclosure of the mortgage alleged
to be fifty dollars, the same to be 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
f 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
1 lars. and each and every part of it is due
I and entirely unpaid, and the taxes upon
| the niortgaged land during the four years
D last past are alleged to have been paid
4 long after the same became due by
plaintiff, contrary to the alleged terms OF
r the mortgage. And the interests and
, claims of all the defendants and all OF
them are alleged to be subsequent and
e subject to the lien Of plaintiff S mortgage
and on which there is alleged to be due
plaintiff and entirely unpaid $23So 6 OF
principal and interest, and $50 reason
able attorneys fee. In all $2SS. 90. all OF
which more fully appears by reference to
/ plaintiffs complaint, to which reference
, Is hereby made.
That the premises conveyed by said
= mortgage may he sold and the proceeds
thereof applied to the payment of said
principal, interest and 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
e and foreclosed of all right, title, claim
e lien, equity of redemption, and interest
nj in and to said mortgaged premises, and
l. for other aud further relief, and il you
e fail to appear and anwser said complaint
4. as above required. the plaintiff will take
e default against you and apply to the
= court for relief demanded in the com
n plant.
/. Given under my hand and seal of the
l. said District Court of the Second
q Judicial District, State of Idaho
II iii and for Nez Perez county
i lsEALl this twenty day of Sep
: TENDER, in the year of our Lord
d one thousand eight hundred aud
Il ninety-nine.
i T. f. STOOKEY. Clerk