The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1901-07-25
ALIAS SUMMONS.

In the district coun of the 5. cond judicial district
of The State OF Idaho, in and for Nez Peree county
/ Salvador Maranda. plaintiff. vs.. Anthony berardi.
defendant Action brought IN the district court Of
the Second judicial district of the state of Idaho, in
ANA for Nee oerce county and the complaint hed IN
said county of Ne1 Perez IN The ONCE OF The clerk
Ut said district.
The state ct Idaho sends greeting to Anthony
Befafii. You are hereby required 10 appear IN an
| action brought against YOU by the above namel
plaintiff in the district court Of the Second judicial
district, OF Idaho in and for Nez Perez county,
and TO answer the complaint filed therein within ten
days teNcusive Of the servcel after the service on
you OF this summons II served within this county. OF
If served without this county. but within this district
within twenty days, If served elsewhere, within
! forty days, or judgment by default will be taken
against you according TO the prayer oil SAID COM
| plant.
court tor the foreclosure of one certain mortgage
iescr bed IN the complaint and executed BY The SAID
hh'nony bersrd' To one heorge Yea, ana oy saw
George Rea duly assigned 10 plaintiff. Salvador Mar
anda, SAID mortgage being executed on the 2'th day
OF October lsqa.to secure the payment of -four certain
pTomissoy notes, each bearing date OF SAID October
a. 1899 each for the of Sil5 ana due respective
~. October "A. 1900. October "a 1901 October "a.
1862 ami October H. 1905 each executed by the said
defendant, Anthony Berarii to the SAID George Rea.
each being payable in gold ooino the United States of
America OF the present standard value and each bear
Ing interest in like gold coin a, 'he rate OF per cent
per annum from their SAID date until paid interest to
be paid annually, and il not So PAID, the whole sum
both principal and interest TO become immediately
iue and oolectble al the option OF the owner OF the
note without notice ana in case OF suit or action OF
proceeding instituted to collect said notes or any
portion thereof the said maker promises and agrees
therein pay in addition To the costs and dshurse-
ments provided by statute reasonable sum in gold
coin 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 it
is alleged ON the l7th day of December 1890, by
endorsement, thereon in writing duly assigned, 10 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
the said mortgage was duly executed by SAID An
thony Berarii, morgaging TO the said George kea
as security for the payment of the said promissory
notes certain lands described in plaintiffs COM
plant to which complaint reference is hereby made
and described in the said mortgage recorded in book
6S of mortgages al pages 33t OF the records of Nez
Perce county to which reference is also made. The
execution of said mortgage before its delivery was
duly acknowledged and the same certified TO as To
entite the same to be recorded and was recorded on
October 27 1899 in the said book o5. page 33+ which
said mortgage on said December Eth was also duly
assigned by said George Rea to SAID Salvador Mar
ania the present owner and holder of said mortgage
SAID mortgage among others, it is alleged in said
complaint, contains the condition that II default be
made i'll the payment Of the principal sums OF
money any part thereof provided in said notes
or it The interest be not paid therein specihed
then and from thenceforth II shall be optional with
the party OF the second part. his heirs, executors
administrators and assigns 10 consider the whole OF
said principal sums expressed in sold notes as imme
daiely due and payable. although the time expressed
in said notes for The payment thereof shall not have
arrived ard 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-
mnsirators and assigns according to law. and apply
the proceeds TO the payment of said notes, costs ane
charges of foreclosure suit. including reasonable
counsel fees. alleged to be $50, and plaintiff in hi.
said complaint, prays that in case said proceeds art
sufficient TO pay the same then to Obtain
ecuiion against the said Anthony Berard for the par
remaining due, and also that the said defendant ant
. all persons claiming by, or through or under him
may be barred and foreclosed Ut all right. title
CLAIM. iien equity of redemption and interest in ans
to said mortgaged premises. and for other and fur
Their relief.
And if you falio appear and answer said complain
, as above required. the plaintiff will take detaul
against you and apply to the court tor the relief de
, manded in the complaint.
Given under my hand and seal of said distrc
court OF the Second judicial district OF IDAHO in an
for Nez Perez county. this 18th day of June, in tn
(. year of Lord one thousand nine hundred an
one. =. t. STOOkEY,
Seal of Clerk
| ( District By j. HOWARD HOWE.
[ Court Deputy.
Il L. O'NEILL. attorney for plaintiff.