Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-12-13
Alias SUNNI ns on Foreclosure of NJ rtgage.


In the District Court OF the Second Ju-
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 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
Idaho, in and for Nez Perez county, and
the complaint filed in said county OF Nez
Perce. IN the Office of the Clerk of said
District Court.
The State of Idaho sends greeting to
David 5. Dent, as administrator OF the
estate of John {. Bymaster, deceased,
Mary Bymaster, Joseph Bynlaster, George
Bymaster, Bessie Thompson, benjamin
| Til )mpson, 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 i'll 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 serviCe) after the service oil
YOU Of this summons II served within
this county; or if served without thl
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
one certain mortgage, described in tn
complaint and executed by the said job
c. Bymaster, then living, OH the first da
of June, 1891, to secure the payment
one certain promissorv note bearing dat
Lewiston, Idaho, June list, 1891, for til
sum of one hundred and twenty $40. ot
dollars, payable at the office OF the Wasi
ington Loan & Trust Co., Walla Wall;
Wash, in ten equal installments
twelve dollars each, as follows: The hr
' iustailment on the first day of Decembe
1891 the second iustalinent on the FIR
day of June, 1892, and one installnent c
the first days of June and December
each year thereafter, until the entire su
is fully paid; and said note and NOR
gage further provide, and it is express
agreed, that if default be made in Il
payment of any one of said installmen
when due, or any part thereof, then a
of said iustalments shall become imm
diately due and payable at the option
said &. A. Leighton or legal holder
the note, and draw interest at twelve p
'. cent per aunun from the date of sa
e note, until fully paid. . And the sa
y mortgage further provides that in deiau
of the covenants and conditions of Il
= mortgage, or any Of them, the party
the first part to pay to the mortgage
his assigns reasonable attorneys fee f
the foreclosure of the mortgage alleg,
to be fifty dollars, the same to be liz
upon the premises and added to Il
lie amount of the obligation and secured
d the mortgage. and to be included al
n operate as a part of the Judgment I
y foreclosure of the mortgage.
l. The terms of the said note and Sc
Is mortgage are alleged to be broken i'll Il
SAID sum of one hundred and twenty d
lars. and each and every part of it is d
and entirely unpaid, and the taxes up
= 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
4 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
" and on which there is alleged to be d
. plaintiff and entirely unpaid $23S.o6
'e principal and interest, and $50 reasc
+, able attorneys fee. In all $7SS. all
= which more fully appears by reference
plaintiff s complaint, to which refereu
is hereby made.
That the premises conveyed by 81
mortgage may be sold and the procee
thereof applied to the pay1AeHt of s.
k principal, interest and attorneys fee a
L. costs of suit, and also that the said
tie PENDANTS and all persons claiming |
L. through or under them, may be barr
Il, and foreclosed of all right, title, clai
lien, equity of redemption, and intere
i'll and to said mortgaged premises, a
for other and further relief, and if V
fail to appear and anwser said coinpl al
as above required. the plaintiff will t.
default against You and apply to
r. court for relief demanded in the ce
plant.
y Given under my hand AMI seal of
OF said District Count of the Secs
t, Judicial District, State of Ida
ID III and for Nez Perez coun
!, [sEAL1 this twenty-scventh day of S
TENDER, i'll the year of our 10
10 one thousand eight hundred 6
ut ninety-nine.
ID Z. +. STOOKEY, Clerk
By-----------------
~ f. O'NEILL, Attorney for Plaintiff,