Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1903-07-23

county OF IuHhO.
George Blaine =. 8. Pritch-
ard and A. treidenrich and
J. Alexander, .co-part-
ners, doing bust
ness under the firm name
and style of Alexander Il
Freidenrich; Plaintiffs SUMMONS
Thomas Bollman and An
ME Bollman his wife, Ed
ward Il. simmons. and the
Montana Idaho Mining &
Commercial Co., a corpora
ton, Defendants
The State of Idaho sends Greeting TO Thomas |
Bollman. Annie Bollman, his wife, Edward b. |
simmons, aud the Montana. Idaho Mining 4 |
Commercial Co.. IA corporation; defendants:
You are hereby required to appear in AN ac
tion brought against YOU by the above named |
plaintiffs, in the district court of the second |
judicial district, OF the state of Idaho. In and |
complaint filed therein within ten days, exclu |
sive OF the day of service, after the service on
You of this summons-if served within this
within this district within twenty days. or II
served elsewhere within forty days. or judg
men, fy ae'a aS VIII be taken * agsins, yo"
This action Is brought to obtain decree OF
this court for the foreclosure of a certain mort
gage, described in the complaint and executed
by the said Thomas Bollman and Annie Boil
man. on the 2nd day of APRIL 1901, to secure the
payment OF a certain promissory note, dated
1903, in the sum $l6,5o0.O0, payable to A. II.
Cummings. ?. $. Prichard and George Blaine,
at Grangev1lle, ldaho said note provides II SAID
sum or any part thereof shall not be paid at
maturity, then said note shall bear interest at
10 percent per annum from date upon that por-
ton of said note remaining due aud unpaid;
and in case OF suit or action is instituted to col
iect SAID note or any portion Thereof, that
On the 2nd April, 1901, to secure the payment
of said note the said Thomas Bollman and An
| ME Bollman, executed and delivered said mort,
| gage, to said George Blaine, p. s. Prichard and
<. II. Cummings, thereby conveying and mort
gaging, the following described property, to-
wit: All that certain piece and parcel oil pla-
Ger mining ground, known and described as the
| Crooked Creek Placer Mining Claim. situate in
| Dixie Mining District in the county OF Idaho,
state OF Idaho, being represented by oiiciai sur
vey Nol416, and comprising 1853. 1Ss acres OF pat
ented ground and evidenced by U. 8 Receivers
| receipt, Mineral Entry NO. 80, dated March 27th
| Improvements thereon, or attached thereto, in
| Guiding the water right and the ditch to the
| same, by which 1t is taken out OF the stream
known as Crooked Greek, and heretofore used
as part of said premises, and necessary in the
operation of said placer ground and also the
saw mill now upon said ground together Win
sary for the operation Of the same, including
the water wheel and iron pipe used in cOnnec-
ton Herewith, reserving, excepting and saving
from the operation of said mortgage all that
portion Of SAID placer mining claim. known
and described az the Bollman Fraction, together
with the tenements, hereditaments and appur-
tenances thereto belonging or in anywise ap
pertaining: said mortgage was filed foi
record on the 25rd April 1901. and recorded in
the county recorder a Idaho county. Idaho.
Plaintiffs allege that A. II. Cummings, Z,
all his right title and interest, in said note ant
mortgage, to the plaintiffs j. Alexander and A
Freidenrich, partners doing business under I'M
and that they are the owners and holders Q
said interest Of said A. H. Cummings, in sai'
note and mortgage;
Piaintifis allege, that they are the owner
3 and holders of said note and mortgage: AM
that no part Of the same has been paid, excep
paid August 18th, 1902; and that the sum OF SIS
zoo, is due, owing aud unpaid on said note an
mortgage, with interest thereon from April 2nd
1901, at 10 per cent. per annum, less $4l.oo, pal
Plaintiffs allege that $4,000 is a reasonabl
sum, to be allowed as attorney fees in tn
n | action; that said mortgage provides for real
enable attorneys fee i'll case of suit;
Plaintiffs allege, that the defendant. the MOI
tana- Idaho Mining 4 Commercial Co.. corpo
alton. has or claims to have some interest {
Y claim, in or to said above described mortgage
property, which If any, accrued since, the lie
of said mortgage, and is subject to the sam
n. Plaintiffs demand Judgement;
s. Against the defendants Thomas Boilmal
Annie Bollman n, and Edward ward B. simmons hss
from the 2nd. April, 1901, at the rate OF 10 p
cent per annum, less Sal 90 paid; for costs
suit and $4,000 attorneys fees
20 That the usual decree may be made for IL
30 sale of said mortgaged property, and the pr
81 ceeds applied in payment of the amount d.
90 That said defendants, and all persons clair
90 ing under them, subsequent to the execution
% said mortgage, be barred and ioreclosed OF
90 right, claim, or equity of redemption In q
rs said premises, and every part thereof, and Tn
81 said defendants Thomas Bollman, Annie Bo
OIL man and Edward b. simmons, be ad1udg'
90 to pay any deficiency which may remain alt
90 applying all the proceeds of the sale OF 50
no premises properly Applicable to the satisfact'
30 OF said judgement;
10 And for such other and further relief as m
20 seem Just and proper to the court
90 And If you fail to appear and answer ga
IS complaint as above required the plaintiffs "
"a take default against you and apply to \
81 court for the relief demanded In the col
= plant. -. :,
81 Given under my hand and seal OF the 50
district court OF the second judicial district,
the state of Idaho. in and for the county
O3 Idaho, this the 22nd day of June, in the year
60 our Lord One Thousand Nine Hundred a
10 Three (l903l. ,,.,,,,
20 il. OVERMAN, Clerl
GO W. N SCALES, Attorney for PLAINTIFFS. ,oo
SO First pub June 25 100
46 Last pub july %, 1870
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