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

In the district court Of the Second judicial district
Of the State Of Idaho. In and for Neg Perce county
Salvador Miranda. plaintiff. rs. Anthony bsrsrai;
the Second judicial district Of the state OF Idaho IN
and for Nea Derce county, and the complaint filed In
said county Of Nee Perce in the ofee Of the clerk
The state Of idaho sepds greeting to Anthony
BsTardi. You are hereby required TO appear In an
p.iD,i IL Ike dssries soSs Of the seeond judicial
district. state Of Idaho in and for Neg Perez county
and to answer the complaint filed therein within ten
you Of this summons If served within this county; OF
II served without this county but within this district
within twenty days OF Y served elsewhere. within
forty days, or judgment by default will be taken
against you recording to the prayer Of said COM
plant.
Said action Is brought 10 obtain decree Of this
eous: Sc: It's foreclosure Of one certain mnrtgage
described In the complaint and executed by the said
Anthony Bsrarai to one George Rea. and BY said
ksa s 70 81 s
Of October 1899 to secure the payment OF four certain
promissory notes, each bearing date Of said October
y. octoser n. 1900 October e. 1901. October =.
1862 and October a, 1908, each executed BY the said
defendant. Anthony Berardi TO the said George Rea
each being payable in gold the United States Of
America Of the present standard and each bear
ing interest Ia like gold coin at the rate Of per cent
per annum from their saiddate until paid interest 10
both principal and interest to become Immediately
due and coectibe At the option OF the owner OF the
note without notice. and In case OF suit or action or
proceeding instituted to collect said notes or any
portion thereof the said maker promises and agrees
therein to pay in addition to the costs and dsburse-
ments provided BY statute, reasonable sum IN goid
said notes having thereon and cancelled four cents
of internal revenue stamps. and each Of said notes Il
endorsement thereon in writing duly assigned. to 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
thony Berardi. mortgaging to the said George Rea
security for the payment Of the said promissory
notes certain lands described in plaintiffs COM
piant to which complaint reference Is hereby made
and described In the said mortgage recorded In book
s Of mortgages at pages 81 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
entte the same to be recorded and was recorded on
October n. 1899 In the said book IS. page 3 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 any part thereof. provided In said notes
or II the interest be not paid therein specified
then and from thenceforth. shall be optional with
the party of the second part his heirs. executors.
said principal sums expressed in sold notes as imme-
datey due and payable although the time expressed
said notes for the payment thereof shall not have
arrived and to Immediately sell and dispose of the
same and all benefit and equity Of redemption of the
said party of the first part his heirs. executors ad
ambassadors and assigns according to law. and apply
the proceeds the payment of said notes. costs and
charges of foreclosure suit including reasonable
counsel fees, alleged TO be $50, and plaintiff In hi.
said compaintprays that in case said proceeds arr
not sufficient pay the same then to obtain an ex
ecution against the said Anthony Berardi for the par
remaning DUE and also that the said defendant anc
all persons claiming BY, or through. Or under him
may be barred and forecioSed of all right. title
claim. lien. equity Of redemption and interest in ant
TO said mostgaged premises. and for other and fur
Their relief
And il you failto appear and answer said complain
as above required. the plaintiff will take defaul
against you and apply to the court for the relief de-
manded in the complaint.
| Given under my hand and seal OF said dstric
cour Of the Second judicial district OF ldaho in anS
for Neg Perce county. this 18Th day Of june n thu
year OF our Lord one thousand nine hundred aEs
/ one. y. &. STOOkEY.
| Seal of Clerk.
| District + BY J. HOWARD HOWE.
Court Deputy.
E. O'NslLL, attorney for plaintiff.