The Weiser semi-weekly signal. (Weiser, Washington Co., Idaho) 1904-1911, 1905-04-26

trict Court of the Seventh judicial
District, State of Idaho, in and for
the County of Washington, and to
answer the complaint filed therein
within ten days exclusive of the day
of service) after the service on you
of this summons, if served within
this County, or if served out of the
County, but in this District, within
twenty days; otherwise within forty
days, or judgement by default Will
be taken against you, according to
the prayer of said complaint. The
said action is brought to obtain de-
cree of this Court for the foreclosure
of certain mortgage described in the
complaint and executed by the said
Benjamin A. S. Kent, on the 30th
day of December, 1908, to defendant
H. M. Rothrook, and by the defen-
dant H. M. Rothrock sold and trans
ferred to the plaintiff on the 30th
day of January, 1905, to secure the
payment of two certain promissory
notes each of which is dated on the
3Oth day of December, 1903, executed
by defendant, Benjamin A. S. Kent
to defendant H. M. Rothrock and
each of said notes being for the sum
of Five hundred dollars, each bear
ing eight per cent interest from date
until paid, and the first of said notes
being due eleven months after date,
and the second one thereof being due
twenty-three months after date. Both
of said notes and the mortgage exc
executed on the same date to secure
the payment thereof being assigned,
sold, and transferred to plaintiff
who is now the holder and owner
thereof. And also to foreclose that
certain lien for the sum of Si9.89I
taxes and $1,000 interest on the
prior lien of James Ruth paid out by
defendant Fl. M. Rothrock to protect
the mortgage lien herein foreclosed.
and assigned by said defendant H.
M. Rothrock to this plaintiff; and
this foreclosure of said mortgage being
made subject to the prior mortgage
lien OF one James Ruth for $4,000. 90 |
now existing on said premises de-
scribed in said mortgage; the amount
claimed in this action being as fol-
lows, to-wit: $1,000. 90 being the
OF the two said notes, together
with interest thereon at s per cent
per annum from December 3Oth, 1903;
5lOO. 90 attorney and counsel fees
ozlf. 80, being paid out in taxes and
interest on prior mortgage to protect
1his mortgage, together with interest
thereon at 7 per cent per annum from
'he 18th day of April, 1905. That the
premises conveyed by said mortgage
nay be sold, and the proceeds there.
u applied to the payment of the sum
% due to the said plaintiff. ]. w
campbell, and 10 case such proceeds
ire not sufficient to pay the same. that
-J Ho'O Judgment Tor such
lehclency and execution issue there-
or; that the said defendant and all
PERSONS claiming by, through or under
mem may be barred and foreclosed of
IL title, right, claim, lien, equity of
exemption and interest in and to said
lortgaeed premises and for such otber
nd further relief as may be JUST and
quitable.
and If you fail to appear and ans
,er such complaint as above required
iaintih will take default against Won :
nd apply to the Court for relief de-. 1
landed in the complaint
Given under my hand and seal ~ 1
Ne said District Court, IN the Countv
washington, State Of Idaho. tbis
'th day Of April, IN the year Of our
ORD one thousand nine hundred ana |
ye, quo
FRANK b. SMITH,
an al Clerk.
Atiplney Tor Che plaintiffs az rr