Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-12-06
Alias SUNNI rs "a F1recI sure of N 'rtgage,

AHdS DuHnh rs 'u
In the District Court OF the Second u |
dicial District of the State OF Idaho, IN |
and for Nez Perez county.
c. A. Leighton, plaintiff, VS.. David ,;
! Dent. as administrator OF the estate oil
Iohn c. 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
4 Porter, defendants. i
/ Action brought in the District Court OF
| the Second Judicial District, State OF
Idaho, in and for Nez Perce county, ana
| 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
Bymaster, Bessie Thompson, benjamin
Til 1mpsou, her husband Ellen b. 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 named plaintiff IN the Districl
Court of the Second Judicial District
State of Idaho, i'll and tor Nez feree
county, and to answer the complaint
filed therein within ten days exclusive
OF tine day OF srryice) after the service on
YOU of this summons # 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
!, decree of this Court for the foreclosure OF
one certain mortgage, described Ill the
complaint and executed by the said john
c. Bymaster, then living, on the hrst day
of June, 1891, to secure the payment O.
!, one certain proniissorv note bearing date
Lewiston, Idaho, June list, 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
twelve dollars EACH as follows: The hrs
instailment on the first day of December
1897 the second instalment on the frs
day OF June, 1892, and one installment OF
the first days of June and December II
each year thereafter, until the entire sun
is fully paid; and said note and mort
gage further provide, and 1t is expressl
agreed, that il default be made i'll til
payment of any one of said installmen
when due, or any part thereof, then al
of said installments shall become inimt
dIately due and payable at the option
said &, A, Leighton or legal holder {
the note, and draw interest at twelve pc
cent per annum from the date of sal
note, until fully paid. And the sal
mortgage further provides that in detaul
of the covenants and conditions of til
mortgage, or any CT them, the party {
the first part to pay to the mortgage @
his assigns a reasonable attorneys fee fc
the foreclosure of the mortgage allege
to be fifty dollars, the same to be lie
upon the premises and added to til
amount of the obligation and secured b
the mortgage. and to be included an
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
lars. and each and every part of it is du
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 all
claims of all the defendants and all
them are alleged to be subsequent an
subject to the lien of plaintiff S mortgat
and on which there is alleged to be d,
plaintiff and entirely unpaid $23S.96
principal and interest, and $50 reaso
able attorneys fee. In all $2SS. 60, all
which more fully appears by reference
plaintiff s complaint, to which referen'
~ is hereby made.
s That the premises conveyed by sa
mortgage may be sold and the procee,
thereof applied to the payment of sa
y. principal, interest and attorneys fee al
Ite costs of suit, and also that the said d
ey PENDANTS and all persons claiming b
through or under them, may be barre
- and foreclosed of all right, title, clair
lien, equity of redemption, and interes
in and to said mortgaged premises, ar
for other and further relief, and if yo
fail to appear and anwser said complain
r. as above required. the plaintiff will tai
NO default against You and apply to Il
- court for relief demanded in the cor
OF plant.
ct, Given under my baud and seal of Il
nd said District Court of the Secor
Al Judicial District, State of Idah
in aud for Nez Perez count
no SEAI. this twenty seventh day of Sc
nut TENDER, in the year of our Lor
nd one thousand eight hundred at
ninety-niue.
by P. +. STOOKEY, Clerk
tv ------Deputy
ny L. O'NEILL, Attorney for Plaintiff.