Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1901-07-18
Alias Summons.

In the District Court of the Second Judicial
District, State OF Idaho, in ana ior idaho
County,
J. b. Forsman and Lewis Wiechelman, Plain
tifs, VS.. l.. K. Brightand kebeeca A Fright, his
wife, and A. e. Green, Defendants
Action brought in the District Court OF the
Second Judicial District State of Idaho, in and
for Idaho County and the complaint filed IN
said County OF Idaho, in the Office OF the
Clerk OF said District Court.
Bright and kebecca A. Bright, his wife, ana A.
Il. Green: You are hereby required to ap
pear in an action brought against you by the
above named plaintiffs in the District Court OF
the second Judicial District State OF Idaho, in
and for Idaho County, and to answer the COM
plant field therein within ten days (exclu-
sive OF the day Of service) after the service on
you Of this summons--f served within this
county; or IL served without this county, but
within this district, within twenty days. or If
| served elsewhere within forty days--or judg-
ment by default will be taken against you ac-
c0r'iing to the prayer of said complaint.
The said action is brought to obtain Il de-
cree OF this court for the foreclosure Of err
tain mortgage, described in the complaint aiu
executed by the said L. K Bright ami Rebel ca
4. Bright, his wife, to the said plaintiffs, ..
Forsman and Lewis Wiechelman on the 18th
day OF November 1900, to secure the payment OF
two certain pfomissory notes, dated Nov. u,
1900 one in the sum OF $5220O. due six mon rs
after date bearing interest at per cent per
annum from date, payable to J. H. Forsman x
Lewis Wiechelnian, said plaintiffs and signed
| by the defendants, l.. k. Bright and Rebecca
A. Brlght-the other OF said notes, being in the
| sum of S52i.7, due twelve months after date,
| bearing interest ut per cent per annun from
darc payable To said plaintiffs, }. d. forsman
and Lewis Wieehelman, and signed by the
defendants. l. K Bright aud hebecea \ Bright.
said mortgage conyeyes the following de
scribed properly, to-wit:
Lots 4, s. and g. In Block "C'' of the Sophia
schmadeka addition to- the town of Grange
Vile, Idaho county, state Of Idaho.
| The said mortgage provides among other
conditions, that in case default should be
made in the payments OF said principal sums
| of money, or any part Thereof us provided in
said notes, or If interest be not paid as specified
! in said mortgage, then and from thehceiorth
1t shall be optional with said plaintiffs, TO
slider the whole OF said principal sums ex-
pressed in said notes AS Immediately due and
| payable and that failure Ia pay the first note
when due shall make the second note imme-
| diately due and collectible.
| This action is also brought to iorecloSe a Ger
| tain chattel mortgage, dated November II. 1900
| and executed by said l.. X. Bright to said plain
tifl's ]. b. Forsmau and Lewis Wichelman, the
| said chattel mortgage was given as further
security to secure the payment OF said notes
| above mentioned.
The property mortgaged by said chattel mort
| gage is rs follows, to-wit: One hand planer
and joiner. size Pinch, manufactured by Egau
| Manufacturing o.. OF Cincinnati, Ohio one =
inch Houston moulding machine; all OF said
property being in the shop owned and us-d by
| Ssid IL X. Bright, i'll Grangeville, Idaho, that
| said chattcl mortgage among other conditions
| provides that In case default be made in the
payment OF said principal sum OF money OF any
| part thereof, or INTEREST or any instalmen
| thereof, us provided in said notes. then aud
| from thenceforth it shall be optional with the
| said plaintiffs to consider the whole of sale
| principal and interest due and collectible
| Plaintiffs allege in their complaint that no par
| of notes, either principal or interest has beef
paid, and plaintiffs elect to declare aud no de
| clare said notes and each OF them due anf
| owing.
That they are the owners and holders of sale
notes and mortgages. and that at the time 0
| filing the complaint herein there was due plain
| tifis thereon $l0SI.50.
| The said real estate mortgage ana said note
| provide for reasonable sum AS attorneys fee
| for instituting suit or action. and said chatte
mortgage provides in case OF snt or actor
$780, 90 as attorneys fees. aud plaintiffs aller,
| thai $4,000 is reasonable sum to be allowed M
attorneys fees for nstituting suit and action /,
| collect said potes and for the foreclosure OF
| ssid mortgagen.
Plaintiffs allege that A. f. Green has, a
claims to have, some interest or claim to tn,
| which claim or interest II any. IS Subsequent /,
AMI subject TO said chattel mortgage
| That the premises conveyed by said mortgage
may be sold and the proceeds thereof applied t
the payment of said principal aud interest du
on said notes and mortgages, to-wit: For sun
OF Sl0S3 80, with interest on slelS.H thereof
from June LIST, 1901. for 10000 attorneys fee
and costs of suit. aud In case such proceeds ar
not sufficient 10 pay the same, then to Obtain
an execution against said l.. X. Bright for bal
ance remaining due; tnat the defendants b
foreelosed of all interest lien and equity OF re
| ,>emption in the property mortgaged by raj,
| eb saiei r,srtgage: and also that said defend
ant. snd MI persons claiming by, through O
| undey them. iasy be barred and foreclosed O
ali right claim :, equity Of REDEMPTION in an
| real estate mortgage; ans ii you fail to appea
and answer aid complaint ss above required
the plaintiffs VII take default against you an
apply 10 the con+ .ior relief denan9ed in tn
COMPLAINT, as more tally appears IN plaintiff
complaint ON fle in this action, q copy 0
which is served herewith and made par
| hereof.
District Court Of the second Judicla
District, state OF idaho, in and Tor ldah
sEALl County. this 18th day OF July. in III
year OF our Lord. One Thopsand Mn
Hundred and One.
A. w. TALKINGTON, Clerk.
ByW. y. Knox, Deputy Clerk
II. Taylor and ". N. Scales,
Attorneys for Plaintiffs.