Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1901-08-15

IN the District Cout OF the Second yudic,a,
nistr.c'. state of Idsho, in and for Idaho
J: 3. Forsinan and Lewis wiechelman, Plain.
tif s, vs. L. K: Bright:and Rebecca A. Fright, his
wife, aud A. +. Green, Defendants
Action brought In the District Court of III.
second Judicial District. State Of Idaho, in and
Tor Idaho County. and the complaint filed in
Clerk OF said District Court ''e
The state OF Idaho Sends Greeting To: l.. Il
nnrht ana Rebecca A. Bright, his vile, and A.
pear in an action brought against Won by lie
above named plaintiffs in the District Court Of
the second Judicial District State OF Idaho, in
plant field therein within ten days texcln
sive OF the day of service) after the service on
you 81 this snmmons.-if served within this
within this district, within twenty days; or il
| served elsewhere within forty days--or judg-
mcnt by default Will be taken against you ac-
corning to the prayer of said complaint.
The said action is brought to obtain de.
cree OF this court for the foreclosure OF a Ger
! tain mortgage, described in the complaint and
executed by the said L. X Bright ana Kebceca
4. Bright. his wife, to the said plaintiffs, j. h.
torsman aud Lewis Wiechelman on the 18th
two certain promissory notes, dated Nov. ~,
1900, one in the sum OF $522O0 due six months
after date, bearing interest at Z per cent per
annum from date, pay able to j. b. Forsma,l &
Lewis Wiechelman, said plaintiffs and signed
by the defendants, L. X. Brieht and Rebecca
a. Bright.the other Of said notes, being in the
bearing interest ut per cent per annum from
date payable to said plaintiffs, J. B. Forsman
and Lewis wiechelman. and signed by the
defendants. !. Bright and hebecca A Bright
Said mortgage conyeyes the following de
scribed property, to-wit:
Lots 4, g. and g, in Block "C' OF the Sophia
Schmadcka Addition to the town of Grange
vile, Idaho county, State of idaho.
me said mortgage provides among other
| made In the payments of said principal sums
| of money, or any part Thereof as provided in
said notes, or II interest be not paid rs specified
| In said mortgage, then and from thenceorth
1t shall be optional with said plaintiffs to con.
slider the whole of said principal sums ex,
pressed IN sad notes as immediately due and
when due shah make the second note imme
diately due and coIlectible.
This action is also brought to foreelose
tain chattcl mortgage, dated November Il, 1909
and executed by said L. X. Bright to said piai'i
| tiffs J. b. Forsman and Lewis Wichelmai, tho
| said chattel mortgage was given further
above mentioned.
The propert, mortgaged by said chnttel mort
gage is as follows, to-wit: One hand planer
aud joiner. size Pinch, manufactured by Egan
Manufacturing Co., OF Cincinnati. OHIO; one J.
inch Houston moulding machine; all Of sad
| property being In the shop owned and used by
ssid l. Il. Bright, in Grangeville. Idaho; that
| said chattel mortgage amoug other conditions,
provides that In case default be made In the
payment OF said principal sum OF money or any
part thereof, or interest, or auy installment
from thencelorth it Shall DC optional With to
said plaintiffs to consider the whole OF said
principal and interest due and coectible
Plaintiffs allege In their complaint that no part
OF notes, either principal or interest has been
paid. and plaintiffs elect to declare and % de-
clare said notes and each Of them due and
owing.
That they are the owners ana holders Of said
notes and mortgages, aud that AT the time q!
fling the complaint herein there was due plain
tiifs thereon $i0s3.50.
The said real estate mortgage ana said notes
provide a IA u
Tor instituting suit or action. aud said chattel
mortgage provides in case Of silir or action
that $780, is u reasonable sam To be allowed MS
| attorneys fees for instituting suit and action 10
collect said notes and for the foreclosure OF
said mortgages
Plaintiffs allegc that A. f. Green has, or
claims To have, some interest or claim 10 the
property conveyed by said chattel mortgage,
which claim or Interest II any, Is SUBSEQUENT to
and subject TO said chatte mortgage.
That the premises conveyed by said mortsasa
may be sold and the proceeds thereof applied II
the payment of said principal and interest duo
on said notes and mortgages, to-wit; For sum
OF $lOs3 so, with interest on $lpi3.1i thereof
from June ist, 1901. for s2oooo ATTORNEYS fees
and costs OF suit, and in case such proceeds ara
not sufficient to pay the same, then TO obtain
an execution against said L. X, Bright lo' bal
ance remaining due, that the defendants be
foreclosed of all interest, lien aud equity of 70,
demption In the property mortgaged by said
chattel mortgage: and also that said defend.
ants and all persons claiming by through or
under them. may be barred and foreelosed Of
all right, claim or equity OF redemption In and
to said mortgaged premises noftgnged by sad
real estate mortgage: aud il you fail TO appear
ana answer said complaint as above required
the plaintiffs will take default against you and
apply to the court tor relief demanded in the
| complaint as more fully appears in plainiin's
complaint GU file In this action, copy OF
which Is served herewith and made pat
hereof.
Given under my hand and seal of the SAID
District Court OF the second judicial
District, State OF Idaho, in and Tor Idaho
lsEALl County, this 18th day OF July, in me
year of our Lord. One Thousand Nine
Hundred and One.
A. W, TALKlEGT0N, CLERK,
BgW. Il Knox, Deputy eletN
II. Taylor and w. N. Scales,
Attorneys for Plaintiffs.