Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-10-18
Alias SUNNI MS on foreclosure OF N rtgage

IN the AOuil VI NIlC tSNbAA'i -
dicial District of the State OF Idaho, III |
and Tor Nez Perez county.
c. 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 nus |
| band Benjamin Thompson, Ellen B,
| 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, in and for Nez Perez county, and
the complaint flied i'll said county OF Nee
Perce, in the office oil 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 Byinaster, 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 to appear i'll
an action brought against you by the
above named plaintiff in the District
Court of the Second judicial District,
State OF Idaho, i'll and for Nee Perez
county, and to answer the complaint
filed therein within ten days (eXClusive
OF the day OF s,rvlce) 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 ii served elsewhere,
within forty days, or Judgment by de
fault will be taken against you according
to the PRAYER of said complaint.
1 .l.N Ng,l.A
decree of this Court for the foreclosure of
one certain mortgage, described III the
complaint and executed by the said John
{. Bymaster, then living, on the first day
of Iune, 1891, to secure the payment OF
one certain promissory note bearing date
Lewiston, Idaho. June Ist, 1891, tor the
sum of one hundred and twenty $4,000
dollars, payable at the Office OF the Wash
ington Loan * Trust Co, Walla Walla,
; Wash, in ten equal installments OF
, twelve dollars each, as follows; The first
: installment on the first day OF December,
1901; the second installment on the first
day of June, 1892, and one installment on
the first days of June and December Ill
. each year thereafter, until the entire sum
', is fully paid; and said note and mort
gage further provide, and 1t is expressly
D agreed, that if default be made iii the
y payment of any one of said installmentS
: when due, or any part thereof, then all
D of said installments shall become imine
:, dIately due and payable at the option o.
> said G. A. Leighton or legal holder o.
the note, and draw interest at twelve pei
:, cent per annum from the date OF sait
. note. until fully paid. And the said
Z mortgage further provides that i'll deiaul
of the covenants and conditions of the
:, mortgage, or any OF them, the party o
. the first part to pay to the mortgage OF
= his assigns reasonable attorneys tee FOL
- the foreclosure of the mortgage ALLEGED
:, to be fifty dollars, the same to be a lier
= upon the premises and added to til,
amount of the obligation and secured by
.i the mortgage, and to be included ant
:. operate as a part of the judgment OF
foreclosure of the mortgage.
: The terms of the said note and sale
: mortgage are alleged to be broken in thi
- SAID sum of one hundred and twenty dol
- lars and each and every part of il is du,
: and entirely unpaid, aud the taxes upoi
! the mortgaged land during the four year
= last past are alleged to have been pai'
y long after the same became due b,
=, plaintiff, contrary to the alleged terms G
~ the mortgage. And the interests an,
I
" them are alleged to be subsequent an,
subject to the lien of plaintiff S mortgag
and on which there is alleged to be du
plaintiff and entirely unpaid S23S.o6 c
principal and interest, and $50 reason
able attorneys fee. In all S2SS. 90. all c
which more fully appears by reference t
I'd plaintiff S complaint to which referenc
~ is hereby made.
That the premises conveyed by sal
es mortgage may be sold and the proceed
thereof applied to the payment of sal
Z principal, interest and attorneys fee an
costs of suit, and also that the said dt
e PENDANTS and all persons claiming b,
ut through or under them, may be barre
he and foreclosed of all right, title, claim
ne lien, equity of redemption, and interes
III III aud to said mortgaged premises, an
u for other aud further relief, and if yo
hs fail to appear and anwser said complain
~. as above required. the plaintiff will tax
We default against YOU and apply TO til
'e court for relief demanded in the con
IN plant.
II. Given under my hand and seal of III
IL said District Court of the Secou
ne Judicial District, State of Idah,
or in and for Nez Perez count,
IT, tsEAL this twenty seventh day of Sci
l. TENDER, in the year of our Lor,
ed one thousand eight hundred an
td niuety-nine.