The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1901-08-01
ALIAS SUMMONS.

In the district court Of the Second judicial district
OF the State OF Idaho In and for Nex Perez county
Salvador Miranda. plaintiff. VS.. Anthony Berardi.
defendant Action brought in the district court OF
the Second judicial district of the state Of Idaho. in
and for Nez OeIce county and the complaint filed in
said county OF Neg Perez, in the ONCE Of the clerk
Of said district.
The state Of Idaho sends greeting to Anthony
Bsrard: You are hereby required to appear in an
action brought against you by the above named
plaintiff in the district court OF the Second judicial
district state Of Idaho In and for Nez Perez county
and e answer the complaint filed therein within ten
days Exclusive Of the service) after the service
you OF this summons It served within this county;
i served without this county. but within this district.
days. ~ dssu w Re
plant.
court tot the foreclosure Of one certain mortgage
described in the complaint and executed by the said
anthony Berardi 10 one George Rea. and BY said
anda said mortgage Being executed on the 24,h day
Of October lSo9o secure the payment Of four certain
promissory notes, each bearing date Of said October
y. October ~ 1900 October u. 1901. October "a.
1862 and October a. 1905 each executed BY the said
defandant. Anthony Berardi 10 the said George Rea.
each being payable IN gold the United States of
America Of the present standard value and each bear
ing interest In like gold coin the rate of per cent
per annum from their saidda until paid. interest to
both principal and interest to become Immediately
due and eollectble at the option of the of the
note without notice. and In Of suit action
proceeding instituted to collect said notes any
portion thereof the said maker promises and
therein to pay In addition the costs and dsburse-
ments provided BY statute. reasonable sum in gold
coin as attorney fees In said suit action. each Of
said notes having thereon and cancelled four cents
of internal revenue stamps. and each OF said notes il
is alleged was on the 17h day Of December 1900 by
endorsement thereon in writing duly assigned the
the plaintiff. the present owner and holder of the
same. And to secure the payment Of the said notes
and each Of them according to their tenor and effect.
AN al hN A
thons berard m0rtgaging to the said George Rea
as security for the payment of the said promissory
notes certain lands described in plaintiffs COM
ana described in the said mortgage recorded 10 book
O. Of mortgages at pages 554 Of the records Of Neg
Perez county. to which reference is also made The
execution Of said mortgage before its delivery was
duly acknowledged and the same certified to SO as to
enttle the same TO be recorded and was recorded on
october ~. 1899 in the said book IS. page 1884, which
said mortgage on said December 18th was also duly
assigned by said George Rea to said Salvador Mar
anda. the present owner and holder of said mortgage
Said mortgage among others, ii IS alleged in said
complaint contains the condition that II default be
made In the payment of the principal sums Of
money or any part thereof as provided in said notes.
or II the interest be not paid as therein specihed
then and from thenceforth il shall be optional with
the party Of the second part. his heirs, executors
administrators and assigns TO consider the whole of
said principal sums expressed in sold as imme-
dately due and payable, although the time expressed
In said iotes for the payment thereof shall not have
arrived ard to Immediately sell and dispose OF the
SAmS auo At ueucut equfty VI resumption OF the
said party Of the first part. his heirs executors ad
mntstrators and assigns according to law and apply
the proceeds to the payment Of said notes. costs and
charges OF foreclosure suit. including reasonable
counsel fees. alleged 10 be $50 and plaintiff in his
said complaint psays that in case said proceeds
not suficient to pay the same then to obtain ex-
ecution against the said Anthony Berard for the part
remaining due and also that the said defendant and
all persons claiming by, or through. or under him,
may De barred and foFeclosed Of all right. title.
claim. Her. equity Of redemption and interest in and
70 said mortgaged premises. and for other and fur
Their relief
And If you fail, appear and answer said complaint
As above required. the plaintiff will take default
against you and apply to the court for the relief de-
manded In the complaint
Given under my hand and seal Of said district
court of the Second judicial district Of IDAHO in and
for Neg Perez county, this 18th day OF June in the
year of our Lord one thousand nine hundred and
one. r. e, STOOkEy
4 Seal OF Clerk,
District BY }. HOWARD HOWE.
4 Court } Deputy.
Z. O'NELL, attorney for plaintiff.