Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-10-21
Alias SUNNI Jus on Foreclosure of N ,rigage

III lllt DioltlCt AOhIl VI lIS SSCOnu u
dicial District OF the State OF Idaho, in
and for Nee Perez county.
{. A. Leighton, plaintiff, VS.. David 5.
| Dent, as administrator OF the estate of
! John G. Bymaster deceased, and Mary
| Bymaster, Joseph Bymaster, George BY
I 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 III the District Court of
the Second Judicial District, State of
| Idaho, in and for Nez Perez county, and
the complaint filed in said county OF Nee
Perez, IN 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 {. Bynlaster, deceased,
Mary Byniaster, Joseph Bymastcr, George
/ Bymaster Bessie Thompson, Benjamin
| Thompson, ncr iiuspam,i Ellen i. wing,
Alice Mcintosh, Duncan Mcintosh, her
husband, and Leslie A. Porter.
You are hereby required to appear in
an action brought against you by the
above-naned plaintiff III 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 rvice) after the service on
you of this summons If served within
this county; or II 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.
| Tho Sai1 arttn % lrspcrht IN, al, in
decree of this Court for the foreclosure of
one certain mortgage, described i'll 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 pronissory note bearing date
Lewiston, Idaho, June Ist, 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, i'll ten equal installments OF
twelve dollars each, as follows: The first
| installment on the first day of December
p 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 in the
payment of any one of said installments
when due, or any part thereof, then all
4 of said instailments shall become imme-
diately due and payable at the option Of
said Z A. Leighton or legal holder of
the note, and draw interest at twelve per
l cent per annum from the date OF Said
: note, until fully paid. And the said
mortgage further provides that i'll default
of the covenants and conditions of the
80 a al. +
: the first part to pay to the mortgage or
! his assigns a reasonable attorneys Tee for
the foreclosure of the mortgage alleged
to be fifty dollars, the same to be a lien
upon the premises and added to the
amount of the obligation and secured by
the mortgage, and to be included and
{. operate as a part of the judgment on
1 foreclosure OF the mortgage.
! The terms of the said note and said
mortgage are alleged to be broken in this
J SAID sum OF one hundred and twenty dol
l lars, and each and every part of it is due
I and entirely unpaid, and the taxes upon
! the mortgaged land during the four years
D last past are alleged to have been paid
! long after the same became due by
, plaintiff, contrary. to the alleged terms OF
T the mortgage And the interests and
! claims of all the defendants and all of
them are alleged to be subsequent and
subject to the lien of plaintiff $ mortgage
and on which there is alleged to be due
s plaintiff and entirely unpaid S23So 90 of
principal and interest, and $50 reason
able attorneys fee. In all sass. 90, all of
which more fully appears by reference to
plaintiff S complaint, to which reference
/ is hereby made
That the premises conveyed by said
; mortgage may be 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
, and ioreclosed of all right, title, claim
: lien, equity of redemption, and interest
IN and to said mortgaged premises, and
for other and further relief, and if Won
? tail TO appear aud anwser said complaint,
as above required. the plaintiff will take
: default against you aud apply to the
court for relief demanded in the com
plant.
Given under my hand and seal of the
said District Court OF the Second
: Judicial District, State of Idaho.
IN and for Nez Perce county,
SEAt.I tins twenty seventh day Of Sep
TENDER, IN the year of our Lord
one thousand eight hundred aud
ninety-uine
i p. +. SrooKEY, Clerk.