Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1903-07-09
SUMMONS


| In the District court of The Second Judicial
| District of the State of Idaho, in and for the
county OF Idaho.
George Blaine, p 5. Prtch-)
| aId aud A. freidcnrich and
j. Alexander, co-part-
ners, doing BUSH
ness under the firm name
and style of Alexander &
Freidenrich; Plaintiffs SUMMONS
Thomas Bollman and An
ME Bollman, his wife, Ed
ward b. summons. 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, and the Montana-Idaho Mining 4
commercial Co., Il corporation; defendants:
You are hereby required to appear in an ac
ion brought against you BY the above named
plaintiffs in the district court of the second
judicial district, OF the state of Idaho in and
for the county of Idaho, and to answer the
complaint filed therein within ten days, exclu
slve OF ne day Of service. after the service ON
county; or ii served without this county, but
wltnin inns district, within twenty days; or If
served serve S elsewhere within 9TH forty days, or judg
according to the prayer of said com plant
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 Bollmau and Annie Boil
man, on the 2nd day OF april. 1901 to secure the
|
pixie, Idaho, April End, 1901; due January list.
1908, in the sum $4,000, payable to A. Ii
Cummings. ?. $. Prichard and George Blaine,
Mt Grangeville, Idaho; said note provides if snid
l'shn or any part thereof shall not be paid at
maturity, then said note shall bear interest at
~ percent per annum from date upon that por-
tion OF said note remaining due and unpaid |:
and In case OF suit or action is instituted to col
lect said note or any portion thereof, that u
reasonable sum be paid as attorneys fees
On the Ind April, 1901, to secure the payment
OF sulu note the said Thomas Bollman and An
ME Boliman, executed and delivered said mort
gage, to said George Blaine, r. $. Pricha-d and
A. H. Cummings, thereby conveying and mort
gaging, the following described property, to
Wit All that certain piece and parcel OF pA
Ger mining ground, known and described ms the
Crooked Creek Placer Mining Claim situate in
Dixie Mining District, in the county of Idaho.
state OF Idaho, being represented by official sur
vey Nol1l6 and comprising 1873. 7ss acres OF pitt
ented ground and evidenced by u. S. Receiver
receipt, Mineral Entry NO. 80 dated March 9th
lss, together with all bitches, water rights ana
improvements tn ereon, 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 Creek, and heretofore used
as part OF said premises, ana necessary in the
operation OF said placer ground and also the
saw mill now upon said ground together with
all MIXTURES belonging To said saw mill or neces-
sary for the operation Of the same, Including
the water wheel and iron pipe used in connec@
ton herewith, reserving, excepting and saving
rom the operation OF said mortgage all thai
portion oil SAID placer mining claim, known
and described as the Bollman Fraction, together
with the tenements Entertainments and appur-
tenances thereto belonging or in anywise an
pertaining: said mortgage was filed Tor
record on the 25rd April 1901. and recorded In
BOOK 10 OF Mortgages page l45, in the office of
the county recorder OF Idaho county, Idaho
Plaintiffs allege that A. II. Cummings. in
writing. duly assigned transferred and sold
all his right title aud interest, in said note and
mortgage, to the plaintiffs j. Alexander and A
freldenrlch, partners doing business under the
name and style of Alexander 4 Fridenricb
ana mat they are the owners and holders OF
VI "a
note and mortgage;
Plaintiffs allege, that they are the owners
a , noluets OF SAID note and mortgage. and
mat no part OF the same has been paid, except
the sums of 5000 paid June H. 1902 and 81 %
paid August 10Th 1902; and that the sum of sid,
roo, is due owing aud unpaid ON said note ana
mortgage, with interest thereon from April 5na
MS aforesaid: f
laiIkifs allege that $4,000 is n reasoralla
sum, TO be allowed as attorney fees, in this
aetloni that said mortgage provides for reas.
0naoie attorneys fee IN case of suit;
flalntlHs allege, that the defendant the Mon
tana Idaho Mining 4 Commercial Co. n corner
atlon, has or claims To have some Interest or
e.alm, IN or to said above described mortgaged
property, Wnlch II any, accrued since the lien
OF SAID mortgage, and is subject to the same
Plaintiffs demand Judgement:
a agai4 pd,, the defendants Thomas Bollman
Ahaie Boiiman aud Edward b. simmons, In |
SAID sum OF 1880 90, with interest Thereon
from the 2nd April, 1901, Mt the rate of 10 per
cent per annum less sal 90 paid; for costs NJ
suit and $4,000 attorneys fees; -
That the usual decree may be made for the
sale OF said mortgaged property, and the PRO. !
to plaintiffs; 'ii' uue
Ihat said defendants and all persons claim |
my under them, subsequent to the execution of |
SAID mortsase be barred and foreclosed of all |
Hsnt claim, or equity of redemption in the
saia premises. and every part thereof, aud that |
sald defendants Thomas Bollman, Annie Roll
man ana Edward B. simmons be a(liudged |
70 pay any deficiency which may remain after
applying all the proceeds of the sale of said
premises properly Applicable to the satisfaction
OF said judgement: ''oA
Ana Tor sue h other and further relief as may
seem Just and proper to the court
Ahu u you fail to appear and answer said
complaint as above required, the plaintiffs will
take default against You and Apply to The
plant. WY eoih-
, then under my hand and seal of tho sail,
district court OF the second judicial district nj
,he state q ldahe. in and Tor the county III
l1ahn, this the End day ~ June, In the wear ~
1 IN Lord one Thousand Nine Hundred and
Three 1903. "''i
q y IL oNERMAN, Clerk
". y. SCALES, Attorney for Plaintiffs.
First pub June D. 1909 ,
Last pub July 80 1908 x