Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-11-15
Alias SUNNI ns on Foreclosure of N irtgage.

In the District Court OF the Second Ju- |
dicial District of the State of Idaho, in |
and Tor Nez Perez county.
| Z. A. Leighton, plaintiff, VS.. David S.
Dent, as administrator of the estate OF
John c. Bymaster, deceased, and Mary
Bymastcr, 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 i'll 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
( Perez, i'll 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 c. Bymaster, deceased,
Mary Bymaster, Joseph Bymaster, George
| Bymaster, Bessie Thompson, Benjamin
f, Tn ompson, 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, in and for Nee Perce
county, and to answer the complaint
filed therein within ten days exclusive
of the day of s.rvice) 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
fault will be taken against you according
to the prayer OF said complaint.
The said action is brought to obtain a
decree OF this Court for the foreclosure OF
one certain mortgage, described i'll the
complaint and executed by the said John
c. Bymaster, then living, OH the first day
OF June, 1891, to secure the payment OF
one certain promissorv note bearing date
| Lewiston, Idalro, June Ist, 1891, for the
sum of one hundred and twenty l$I2o.oo)
dollars, payable at the Office OF the Wash
ington Loan & Trust Co., Walla Walla,
p Wash, in ten equal install1nents OF
. twelve dollars each, as follows: The first
instailment on the first day of December
: 1891; the second installment on the first
day of June, 1892, and one installment or
the first days of June and December in
each year thereafter, until the entire sun
0 is fully paid; and said note and mort
e gage further provide, and it is expressly
agreed, that if default be made in the
D payment of any one of said installinent
when due, or any part thereof, then al
50 of said installments shall become imme
- diately due and payable at the option @
said T.. A. Leighton or legal holder O
the note, and draw interest at twelve pc
Il cent per annum from the date of sal,
II note, until fully paid. Aud the SAT-
mortgage further provides that in deiaul
IS of the covenants and conditions of TIL
mortgage, or any of them, the party c
:: the first part to pay to the mortgage o
his assigns reasonable attorneys fee 70
q the foreclosure of the mortgage allese
It to be fifty dollars, the same to be liei
e upon the premises and added to TIL
e amount of the obligation and secured b
If the mortgage. and to be included an
l. operate as a part Of the Judgment o
he foreclosure of the mortgage.
s. The terms Of the said note and sal
Ye mortgage are alleged to be broken in tfil
e. SAID sum of one hundred and twenty dol
N lars and each and every part of it is du
l. and entirely unpaid, and the taxes upo
r. the mortgaged land during the four year
IL last past are alleged to have been pal
Or long after the same became due b
j. plaintiff, contrary to the alleged terms {
i the mortgage And the interests an
ID claims of all the defendants and all {
i'd them are alleged to be subsequent an
Is subject to the lien of plaintiff S mortgag
id and on which there is alleged to be du
plaintiff and entirely unpaid f23S,96 {
ne principal and interest, aud $50 reason
he able attorneys fee. In all $2SS. 90, all {
is which more fully appears by reference
in plaintiffs complaint, to which reierene
H. is hereby made.
r. That the premises conveyed by sal
mortgage may be sold and the proceed
thereof applied to the payment of sa
principal, interest and attorneys fee al
H. costs of suit, and also that the said d
PENDANTS and all persons claiming b
- through or under them, may be barre
and foreclosed of all right title, claii
lien, equity of redemption, and intere:
! in and to said mortgaged premises, al
for other and further relief, and il "
fail to appear and anwser said complain
as above required. the plaintiff will Ia
default against you and apply to t
court for relief demanded i'll the COZ
plant.
Given under my hand and seal of I
said District Court OF the Seeo
Judicial District, State of ldal
i'll and for Nez Perez coun
[sEAL1 this twenty day of 81
TENDER, in the year of our 10
one thousand eight hundred a
ninety-nine.
Lho p. f. STOOKEY, Clerk
BY -----Deputy
foe nt,,ft