Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1899-03-03
ALIAS SUMMONS.
In THE DIsrRIcr COURT. OF tn

In THE DISTRICT COURT, OF THE
SECOND JUDICIAL DIsrRIcT, STATE
OF IDAHO, IN AND FOR IDAHO Co.
J. NJ. Dormsn, Plaintiff, VS.. James n.
Wann and Sarah F. Wann, his wife, and
VIM. Triplett, Defendants. Action
brought in the District Court Of the Sc
cond Judicial District, State Of Idaho, in
and for Idaho County, and the complaint
filed in said County Of Idaho In the
Office of the Clerk of said District Court.
The State Of Idaho sends greeting to
James H. Wann. Sarah F. Wann, his
wife. and VIM. Triplett. You are here
by required to appear in an action
brought against you by the above-named
plaintiff in the District Court of the Sec
ond Judicial District. State of Idaho, in
and for Idaho 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 dis
trist, within twenty days: or il served
elsewhere within forty days-or judy
ment by default will be taken against
you according to the prayer Of said com
plant.
The said action is brought to obtain a
decree of this Court for the fore losure
Of certain mortgage, described in the
complaint and executed by the said
James II. Wann and Sarah f. Wann,
his wife, on the I4th day of January,
1896, 10 secure the payment of certain
promissory note made and executed by
said James II. Wapn and Sarah F. Wann,
his wife, dated January the I4th, 1896,
due two years after date i'm the sum of
5000. with interest thereon at the rate
of one per cent. per mon b from date
until paid, principal and interest paya-
bic i'll gold coin Of the United States.
The sad mortgage pr vides among other
things for the payment of all taxes,
which, AT the date of said mortgage were
Or thereafter might be assessed ON the
land conveyed by said mortgage, and
provides that in case of the default of
the parties of the first part in said mort
gage, James H. Wann and Sarah f.
Wann his wife, as to the conditions of
said mortgage that the land conveyed nv
said mortgage be sold according TO law,
and in such event said mortgage provides
for an attorneys fee of $50. Plaintiff
alleges that he paid delinquent taxes on
the land conveyed by said mortgage as
follows, to-wit:
On July 9th, 1896. $9ss for the year
1895; on July ord, 1897, SASS for year
1896.
Plaintiff also alleges that Vim. Trip
lett has or claims same interest in the
mortgaged premises, which, If any, is
subsequent to plaintiffs mortgage here
in described.
The lands conveyed by the said mort
gage and TO foreclose, which this action
is broght is N. w. 4 of S. W. 4 and S.
W. 4 of N. w. 4, Sec. 9, TIP. 81 N. r.
+. Is. ~ except 10 acres, beginning
$40 feet soath OF N +. corner S w. x
N. W. u, Sec. 9. aforesaid: Running
west 600 teet, thence south $50, thence
east 600 feet to east line Of said S. w.
< N. W. 4, thence north on said line
to place of beginning.
Plaintiff asks judgment against the
defendants James II. w mn and Sarah
Wann, his wife. for $500 with interest
thereon from January i4th 1896, at the
rate OF one per cent. per month; for $40
attorneys fees provided for in said mort.
gage; for g. 81 paid for taxes for 1895 by
plaintiff, SASS paid for taxes for 1896
by plaintiff; for costs Of suit and other
and further relief.
"A copy OF said complaint In this. &C.
ton IS served herewith and made part
thereof.
That the premises conveyed BY said
mortgage may be sold and the proceeds
thereof applied 10 the payment of said
amounts, and in case such proceeds are
not sufficient to pay the same, that said
James II Wsnn may be adjudged 10 paw
any deficiency which may remain due.
and also that the said defendants. and
All persons claiming under them subse
quent to tina execution OF said mortgage
upo" said pre~ises may be barred and
foreclosed Of all rigkt, claim or equity
OF redemption. in the sAad mortpaped
premises. and for other and further re.
lief; and If you fail to appear and answer
said complaint as above REQUIRED. the
plaintiff will take default against Won
and apply to the Court for relief dc.
manded IN the complaint.
Given under my hand aud seal of the
said District Court of the Second Judi.
ciat District, State Of Idaho in and for
Idaho County, this I4,h day of Febru-
airy. In tiis year of our Lord one thou-
sand eight h~adred ard ninety.uiue.
A. w. TALKINcxcN Clerk.
Ten, BY W. n. KSox. Deputy.