Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-12-16

In the District Court OF the Second Ju-
dicial District of the State OF Idaho, IN
and for Nez Perez county.
e. A. Leighton, plaintiff, VS.. David ,.
| Dent, as administrator OF the estate OF
! John {. Bymaster, deceased, and Mary
| Bymaster, Joseph Bytnaster, George By
master, Bessie Thompson and her hus-
| band Benjamin Thompson, Ellen Is,
| Wing, Alice Mcintosh and Duncan A.
Mcintosh, her husband, and Leslie A.
| Porter, defendants.
| Action brought i'll the District Court OF
the Second Judicial District, State OF
/ Idaho, i'll and for Nez Perez county, and
| the complaint filed i'll said county OF Nez
| Perce, in the office OF the Clerk OF said
| District Court.
| The State of Idaho sends greeting to
| David ). Dent, as administrator OF the
estate of John {. Bymaster, deceased,
Mary Bymaster, Joseph Bymaster, George
| Bvmaster, Bessie Thompson, Benjamin
! Til 1mpson, her husband, Ellen B. Wing,
Alice Mcintosh, Duncan Mcintosh, her
husband, and Leslie A. Porter.
You are hereby required to appear Ill
an action brought against you by the
above named plaintiff i'll the District
/
State of Idaho, i'll and for Nez Perez
county, and to answer the complaint
filed therein within ten days exclusive
of the day of servicel 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
. | he 1,p,t aCCprIi1y
to the PRAYER of said complaint.
The said action is brought to obtain c
decree of this Court for the foreclosure o
one certain mortgage, described i'll the
complaint and executed by the said JOIN
, {. Bymaster, then living, on the first da,
OF June, 1891, TO secure the payment o
one certain promssor" note bearing dat
2 Lewiston, Idaho, June Ist, 1891, for tn
sum of one hundred and twenty (SI2o. 90
&. dollars, payable at the office OF the Wash
iugton Loan & Trust Co., Walla Walla
5 Wash, in ten equal instaliments O
twelve dollars each, as follows: The frs
r instailment on the first day OF December
1901 the second installment on the frs
= day OF June, 1892, and one installment o.
the first days of June and December i
VI each year thereafter, until the entire SUI
is fully paid, and said note and mort
y gage further provide, and it is expressl
agreed, that if default be made in tn
II payment of any one of said installment
when due, or any part thereof, then al
J of said installinents shall become iinne
dlately due and payable at the option {
Il said {. A. Leighton or legal holder c
the note, and draw interest at twelve pc
Il cent per annun from the date of sal
note. until fully paid. And the sal
5 mortgage further provides that in detaul
of the covenants and conditions of tn
l. mortgage, or any Of them, the party {
the first part to pay to the nortgagee c
e his assigns reasonable attorneys tee fo
the foreclosure of the mortgage allege
il to be fifty dollars, the same to be lie
{, upon the premises and added to til
ii amount of the obligation and secured b
the mortgage, and to be included an
II operate as part of the Judgment o
foreclosure of the MORTGAGE
The terms of the said note and sal
mortgage are alleged to be broken in tn
: said sum of one hundred and twenty do
d. lars. and ca III and every part of it is dr
and entirely unpaid, and the taxes upo
the mortgaged land during the four yea
last past are alleged to have been pal
- long after the same became due /
plaintiff, contrary to the alleged terms
~ the mortgage. And the interests an
claims of all the defendants and all
them are alleged to be subsequent AT
subject to the lien of plaintiff S mortga,
and on which there is alleged to be d.
plaintiff and entirely unpaid $25S.9b
principal and interest, and $50 reaso
able attorneys fee. III all $2SS.eo. all
which more fully appears by reference
plaintiff rs complaint, to which referen'
is hereby made.
y That the premises conveyed by sa
> mortgage may be sold and the procee,
thereof applied to the payment of sa
:, principal, interest and attorneys fee al
=. costs of suit, and also that the said d
W PENDANTS and all persons claiming b
> through or under them, may be barre
- and foreclosed of all right, title, clail
lien, equity of redemption, and interes
in and to said mortgaged premises, al
for other and further relief, and if yc
fail to appear and anwser said complain
as above required. the plaintiff will tai
re default against you and apply 10 Il
Id court for relief demanded in the cor
vi plant.
y Given under my hand aud seal of ii
IL said District Court of the Secor
Is Judicial District, State of Idah
in and for Nez Perez count
SEAL this twenty day of Sc
TENDER. in the year of our I.or
- one thousand eight hundred al
nnety-niue.
p. f.. STOOKEY, Clerk
n By------------ ----------Deputy.
r, F. O'NEILL Attorney for Plaintiff