Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-11-25
Alias SUNNI MS On Forselo sure OF N rtgage


In the District Court OF the Second Ju-
dicial District of the State of Idaho, in
and for Nez Perez county.
G.. A. Leighton, plaintiff, VS.. David ).
| 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
I Idaho, in and for Ncz Perez county, and
the complaint fled i'll said county OF Nee
| Perce, III 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 {. ByInaster, deceased,
| Mary Bymaster, Joseph Bymaster, George
Bymaster, Bessie Thompson, Benjamin
Tn ompson, 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 i'll the District
Court of the Second Judicial District
State of Idaho, III and for Nez Perez
county, and to answer the complaint
filed therein within ten days (excluslv'
OF the day of seTVlce) after the service OF
you of this summons if served within
: this county; or if served without thi
{ county, but within this district, within
twenty days or il served elsewhere
I within forty days, or Judgment by dc
/ fault will be taken against you accordin
, to the prayer of said complaint.
{ The said action is brought to obtain
decree OF this Court for the foreclosure
one certain mortgage, described i'll tn
complaint and executed by the said job
{. Bymaster, then living, on the first da
> of June, 1891, to secure the payment
one certain pro1nissorr note bearing da
Lewiston, Idaho, June list, 1891, tor II
sum of one hundred and twenty $500
dollars, payable at the Office OF the Wasl
ington Loan & Trust Co., Walla Wall
re Wash, i'll ten equal installments
twelve dollars each, as follows: The FIR
instailmeut on the first day of Decembe
1891 the second installirent on the iii
=, day of June, 1892, and one installinent {
the first days of June and December
each year thereafter until the entire su
is fully paid; and said note and moi
gage further provide, and it is express
agreed, that if default be made in L
payment of any one of said installmei
when due, or any part thereof, then ;
of said installments shall become INN
dlately due and payable at the option
said &. A. Leighton or legal holder
~ the Eote, and draw interest at twelve p
8 cent per aunuin from the date of sa
note, until fully paid. And the sd
mortgage further provides that i'll detat
y. of the covenants and conditions of t
I'e mortgage, or any Of them, the party
~ the first part to pay to the mortgagee
his assigns a reasonable attorneys tee
- the foreclosure Of the mortgage alleg
to be fifty dollars, the same to be a h
upon the premises and added to {
amount of the obligation and secured
the mortgage, and to be included al
operate as a part of the judgment
foreclosure of the mortgage.
The terms of the said note and sa
mortgage are alleged to be broken in Il
SAID sum of one hundred and twenty d,
M lars. and each and every part of it is d
and entirely unpaid, and the taxes up
a the mortgaged land during the four yes
last past are alleged to have been pa
long after the same became due
. plaintiff contrary to the alleged terms
the mortgage. And the interests a
claims of all the defendants and all
them are alleged to be subsequent a
- subject to the lien of plaintiff S mortga
o, and on which there is alleged to be d
VI plaintiff and entirely unpaid $23S.o6
y principal and interest, and $50 reasc
~ - able attorneys fee. In all $20S. 60, all
~ which more fully appears by reference
w. plaintiff s complaint, to which referen
10 is hereby made.
Nv That the premises conveyed by Sc
ny mortgage may be sold and the procee
thereof applied to the payment of So
principal, interest and attorneys fee a
- costs OF suit and also that the said {
PENDANTS and all persons claiming |
through or under them, may be barr
and foreclosed of all right, title, clai
lien, equity of redemption, and intere
he in and to said mortgaged premises, a
"a for other and further relief, and if v
On fail to appear and anwser said complai
hy as above required the plaintiff will ia
nj. default against you and apply to t
,,s court for relief demanded in the CO
plant.
Given under my hand and seal of t
SAID District Court of the Seco
Judicial District, State of Idal
in and for Nez Perez count
.-, SEAL this twenty seventh day of Sc
,e1 TENDER, III the year of our I.oi
ris, one thousand eight hundred a
nlnety-nine.
,nt p. f. STOOKEY, Clerk
By----------- Deputy
eto f. O'NEIII., Attorney for Plaintiff