Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1903-07-16

lect said note or any portion thereof. that {
reasonable sum be paid as attorneys fees.
ON the 2nd April, 1901, 70 secure the payment
ME Bollman, executed and delivered said mort
gage, to said George Blaine, p. 5. Prichard and
gaging, 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 No.i4l6. and comprising l5s. 7ss acres OF pat.
receipt, Mineral Entry No. 80, dated March 9th,
sOl. together with all bitches, water rights au.i
Improvements thereon. or attached thereto, in
Guiding the water right and the ditch to the
same by which II is taken out of the stream
known as Crooked Greek, and heretofore used
operation of said placer ground and also the
saw mill now upon said ground together with
all hxtnres belonging 10 said saw mill or neces-
sary FOR the operation Of the same including
the water wheel and iron pipe used in connec-
tion herewith, reserving excepting and saving
from the operation of said mortgage all that
and described as the Bollman Fraction, together
win the tenements, Entertainments and appur-
tenances thereto belonging or in anywise APP
pertaining; said MORTGAGE was filed for
record on the 25rd April 1901. and recorded in
HOOK 10 OF Mortgages, page i4s, 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 and interest, in said note aud
d. A.
Freidenrich. partners doing business under the
name and style Of Alexander 4 Fridenrich.
and that they are the owners and holders OF
said interest Of said A. II. Cummings, In said
note and mortgage:
Plaintiffs allege, that they are the owners
ana holders of said note and mortgage: and
mat no part OF the same has been paid, except
the sums of So. 90 paid June IL, 1902 and IS DO
paid August Goth, 1902; and that the sum of SIC,
mortgage, with interest thereon from April end.
1901 ut 10 per cent. per annum. less $4l.OO, paid
as aforesaid:
Plaintiffs allege that $4,000 is a reasonable
sum, to be allowed as attorney fees, In this
action; that said mortgage provides for reas-
enable on, attorneys fee IL, case of suit;
tana' Idaho Mining & Commercial Co. corpor.
alton, has or claims to have some interest or
claim, In or to said above described moitgaged
property, which II any, accrued since the lien
OF said mortgage, and is subject to the same.
Plaintiffs demand judgement;
Annie Bollman and Enwnrd n Si,,""n r'"m :,
said sum Of $16,5O0.00, with interest thereon
from the 2nd April, 1901, at the rate of 10 per
suit and $500.00 attorneys fees:
That the usual decree may be made for the
safe OF sqid mortgaged property, and the pro
ceeds applied in payment of the amount due
to plaintiffs;
That said defendants, and all persons claim.
ing under them, subsequent to the execution OF
salu mortgage, be barred and fOreclosed of all
right, claim, or equity of redemption in the
said premises, and every part thereof and that
sdlu ueIonu0ntB Ihomas holman, Annie Boil
man and Edward b. simmons, be Adjudged
to 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;
And for such other and further relief as ma,
seem just and proper to the court.
And II you fail to appear and answer said
complaint az above required. the plaintiffs will
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 said
district court of the second judicial district, O
the state of Idaho. in and Tor the county O
Idaho, this the 22nd day of June, in the year
our Lord One Thousand Nine Hundred ant
Three (l903
| J.L OVERMAN, Clerk
W. N. SCALES, Attorney for PLAINTIFFS.
First pub June 20, 1903
Last pub july 23, 1903