Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1903-07-02

In the District court of the Second Judicial
District of the state of 1daho in and for the
county of Idaho.
George Blaine, y. s. frltch-
ard aud A. Freidenrich and
ners, doing bust
ness under the firm name
and style of Alexander Il
Freideurich; Plaintiffs. SUMMONS |
Thomas Bollman and An
ME Bolman, his wife, Ed |
ward b. simmons, and the
Moutana-ldah Mining x
Commercial Co, corpora
ton, Defendants.
The State of Idaho sends Greeting to Thomas
Bollman, Annie Bollmun, his wife, Edward i.
simmons, and the Montana-ldaho Mining Il
Commercial Co., a corporation; defendants:
You are hereby required to appear in an &C
lion brought against you by the above named
plaintiffs, in the district court OF the second
judicial district Of the state OF Idaho. in ana
for the county OF Idaho, and to answer the
complaint filed therein within ten days, exclu
sive of the day of service, after the service on
you Of this summons-f served Wlthlh inns
county; or ii served without this county, but
within this district, within twenty days; or II
served elsewhere within forty days or judg
ment by default will be taken a against ,di.s you'
This action is brought To obtain decree OF
this court for The foreclosure Of u certain mort
gage described in the complaint and executed
| by the said Thomas Bollman aud Annie Boil
man. on the 2nd day OF April, 1901, to secure the
payment of u certain promissory note, dated
|
| 1908, in the sum Sl6,5O0.0o, payable to a. IL.
Cummings. F. 5. prchOrd and George Blaine,
at Grangevile, Idaho; said note provides II said
| sum or any part thereof snall not be paid at
maturity, then said note shall bear interest at
| NJ percent per annum from date upon thar por-
| ton 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
reasonable sum be paid as attorneys fees
| 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. 5. Prichard and
| a. H. Cummings, thereby conveying and mort
gagiug, the following described property, TO.
wit: All that certain piece and parcel OF 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 official sur
vey Nolil6, and comprising l53. 7SS acres OF pat.
entcd ground and evidenced by U. $. Receiver S
receipt, Mineral Entry NO. 80, dated March 9th,
1901, together with VII bitches, water rights anu
Improvements thereon, or attached thereto, in
Guiding the water right and the ditch TO the
same, by which IL IL 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 with
all fXtnres belonging TO said saw mill or neees'
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 sad placer mining claim, known
, aud described as the Bollman fraction, together
with the tenements Entertainments and appur-
+ pertaining; said mortgage was filed tol
/ record on the 2Srd April 1901. and recorded IN
Book 10 Of MORTGAGES, page i4s, in the office OF
Plaintiffs allege that A. II. Cummings, IN
! writing, duly assigned transferred and sold
all his right, title and interest, in said note aud
mortgage To the plaintiffs j. Alexaude. and A
Freidenreh, partners doing business under tn,
name and style of Alexander & Fridenrich
and that they are the owners and holders o
. said interest of said A. H. Cummings, in sale
: note aud MORTGAGE;
d and holders of said note and mortgage: ant
k that no part of the same has been paid, excep
}. the sums of $500 paid June IL, 1902, and 81 O
/ paid August 2gth, i902: ard that the sum OF sl6
:, zoo, is due, owing aud unpaid on said note ant
e mortgage, with interest thereon from April 2nd
II IDOL at 10 per cent per annum. less siloo, pail
y ds aforesaid.
II laintifis anege that $4,000 is a reasonable
l. sum, to be allowed as attorney fees, In thi
action; that said mortgage provides for reas
A enable attorneys fee IN case of suit;
l. flaiutitis ailege that the defendant. the Mon
e. tana Idaho Mining K Commercial Co. corpor
e alton has or claims to have some interest o
claim, i'll or to said above described mortgages
property, which IL any, accrued since the lei
o. said mortgage, and is subject to the same
plaintiffs demand judgement;
Against the defendants Thomas Boilman
Annie Bollman and Edward b. simmons il
said sum of sl65oo0o, with interest thereof
|, from the 2nd. April, 1901, n the rate OF 10 pc
!. cent per annun, less $il 90 paid: for costs O
suit aud $4,000 attorneys fees:
d That the usual decree may be made for tn
l.
ar ceeds applied in payment of the amount du
= to plaintiffs
N That said defendants, and all persons claim
,s ing under them, subsequent to the execution G
d said mortg gage. be barred and foreclosed of a
o. right, claim, or equity of redemption in tn
Of said premises, and every part thereof, and tina
said defendants Thomas Bollman, Annie Boil
> man and Edward b.. simmons, be adjudge
q TO pay any deficiency Which may remain afte
-e applying all the proceeds of the sale OF sal
70 premises properly Applicable to the satisfaction
OF said judgement;
( And for such other and further relief as ma
seem Just AM ,proper TO the court.
And II yuu fail 10 appear and answer sal
complaint as above required the plaintiffs vii
take default against you and apply to tn
= court for the relief demanded in the com
plant.
Given under my hand and seal OF the sal
district court OF the second Judicial district, 4
r. the state ef idaho, in and fur the county @
. Idaho. this tie 2lnd daylof Jnne. in the year
e our Lord one THOUSAND Nine Hundred am
IT Three OgGsl.
il OVERNAN. Clerk
e W y. SCALES, attorney for Plaintiffs.
Y First pub June 25 1913
o Last pub July 23 1908