Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-11-11
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 Nee Perez county.
Z. A. Leighton, plaintiff, vs. David S.
Dent, as administrator of the estate OF
John {. 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 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 S. Dent. as administrator of the
estate of John c. 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 10 appear i'll
an action brought against you by the
above named plaintiff i'll 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; 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 in the
complaint and executed by the said John
{. Bymaster, then living, on 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 ($I2o.oo
dollars payable at the Office OF the Wash
ington Loan & Trust Co., Walla Walla,
| Wash, i'll ten equal installments of
twelve dollars each as follows: The first
instailment on the first day of December,
; 1891 the second installment OH the first
2 day of June, 1892, and one installment 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
e agreed, that if default be made i'll the
A payment of any one of said installments
j, when due, or any part thereof, then all
= of said installments shall become inlme-
: diately due and payable at the option Of
S said &. A. Leighton or legal holder OF
e the note, and draw interest at twelve pei
cent per annum from the date of said
note, until fully paid. And the said
mortgage further provides that i'll default
e of the covenants and conditions of the
p mortgage, or any of them, the party Of
the first part to pay to the MORTGAGE OF
his assigns reasonable attorneys fee fol
|. the foreclosure of the mortgage alleged
e to be fifty dollars, the same to be lier
@ upon the premises and added to the
amount of the obligation and secured by
D the mortgage. and to be included anc
t operate as a part OF the judgment OF
r, foreclosure of the mortgage.
n The terms of the said note and sait
mortgage are alleged to be broken in thi
u SAID sum of one hundred and twenty dol
lars. and each and every part Of it is due
If and entirely unpaid, and the taxes upoi
9 the mortgaged land during the four year
last past are alleged to have been pait
long after the same became due b,
d plaintiff, contrary to the alleged terms O
e the mortgage. And the interests an,
4 claims of all the defendants and all O
them are alleged to be subsequent ant
subject to the lien of plaintiff S mortgag
/, and on which there is alleged to be du
D plaintiff and entirely unpaid says 90 @
&c principal and interest, and $50 reason
able attorneys fee. In all $2SS. 90. all c
q which more fully appears by reference I
he plaintiff S complaint, to which referenc
ID is hereby made.
d That the premises conveyed by sal
o mortgage may be sold and the proceed
o thereof applied to the payment of sal
10 principal, interest and attorneys fee an
Iy costs of suit, and also that the said do
;" PENDANTS and all persons claiming b,
-, through or under them, may be barre
and foreclosed of all right, title, CLAIM
y lien, equity of redemption, and interes
er i'll and to said mortgaged premises, an
ce for other and further relief, and If yo
!, fail to appear and anwser said complain
- as above required. the plaintiff will tai
nc default against you and apply to IL
ne court for relief demanded III the cor
Irt plant.
l., Given under my hand and seal of Il
said District Court of the Secor
OF Judicial District, State of 1dah
A. i'll and for Nee Perez count
Pr. GsEALl this twenty-seventh day of Sc
TENDER, in the year of our Lor
one thousand eight hundred al
(" ninety
p. f.. STOOKEY, Clerk.
By------
r O'NEIII Attorney for Plaintiff