Lewiston inter-state news. [volume] (Lewiston, Idaho) 1905-1906, 1905-12-26

forth facts which show that after due
diligence personal service Of this no.
tice can not be made. 1t ia hereby or
dered and directed that such notice be
c. H. CARLY. Receiver.
Alias Summons.
In the District Court of the Second
Judicial District Of the State Of Idaho.
In and for the County of Neg Perce.
The Union Central Life insurance
Company. corporation. Plaintiff,
Samuel w. Allen and Susan A. Allen,
Defendants.
Allen. his wife.
The State Of idaho Sends Greeting:
You and each Of you are hereby noti-
fed and required to be and appear in
the above entitled cause. and to an
swer the complaint Of the plaintiff
herein filed against you within ten (1O)
days after the service Of this summons
upon you, IL served within Neg Perez
County, Idaho: within twenty (20) days
after the service Of this summons upon
you II served outside Nez Perez county.
Idaho but within the above entitled
judicial district, within forty (4O) days
after the service Of this summons upon
you. II served elsewhere Tin either case
exclusive Of the day Of service) or
Judgment by default will be taken
against you, in accordance with the
prayer Of plaintiffs complaint. The
general nature Of this action is. that
plaintiff alleges. that 1t is a corporation
organized under the laws Of Ohio and
doing business in Idaho; that the de-
PENDANTS are husband and wife: that on
December 18th, 1901, the defendants ex-
ecuted and delivered to the plaintiff a
note for eight hundred dollars ($S00.00)
payable ten years after date, at the
office of plaintiff and drawing interest
at the rate Of eight per cent per annum
from date to maturity and twelve per
cent thereafter; and providing in effect
that in the event Of failure to pay any
interest thereon at the maturing
periods thereof, the holder of the said
notes could elect to declare the whole
sum due.
That to secure the payment Of the
said notes, according to their terms, the
| defendants executed and delivered to
plaintiff a mortgage on the west half of
the northeast quarter, and the east half
Of the northwest quarter Of section 16,
township SO N. range l. w. B. M, in
Nee Perez County, Idaho, together with
|
purtenances thereunto belonging and
all rights Of homestead exemption, that
such mortgage as duly executed and
acknowledged SO as to entitle it to be
recorded and the same was recorded
in the records of Nee Perez County.
Idaho. on December 18th, 1901. at $3.50
o'clock p. m. and Is now Of record
therein; that default has been made in
the condition Of said notes in this: de-
| Rov~I 81 la - A1~~ Avnt4
est due on said principal note, Novem-
Der LIST, 1904, and have failed to pay the
taxes due on said lands. for the year
1904 and by reason thereof the plaintiff
elects to declare the whole sum evil
denced by said principal note and Sc
cured by said mortgage due and pay
able: that there q now due, owing and
unpaid from defendants to plaintiff the
principal note Of eight hundred dollars
($8OO.OO), with accrued interest Of
sixty-four ($64.00) dollars with attor-
neys fees Of one hundred ($100.00) dol
lars, with accruing interest at twelve
per cent per annum on eight hum
dred ($S00) dollars from November LIST,
1904. to payment; and that said mort
gage secures the payment Of all said
sums.
PLAINTIFF prays Judgment against the
defendants for the sum Of nine hum
dred sixty-four dollars ($s64.00) with
interest on eight hundred dollars
($S000 0) thereof. at twelve per cent pei
annum, from November LIST. 1904. t.
payment. together with costs OF SUI,
and asks for the foreclosure Of the said
j, mortgage. the sale Of said premises
and the application Of the proceeda
from said sale to the payment Of the
,, costs thereof. the amount due plaintiff
and the return Of any overplus to de-
, PENDANTS and for the docketing OF any
deficiency that may exist as the 5udg.
ment against the defendant Samuel w
Allen.
PLAINTIFF prays that 1t may become
the purchaser at said sale, that suct
purchaser be given q certihcate there
for. and that at the expiration OF tn
, period of redemption the holder Of sucf
certificate be given q deed therefor
and upon production Of said deed, sucl
/, purchaser be let into possession OF sale
! premises.
plaintiff prays for general relief. with
: costs in support Of all Of which refer
. ence is hereby made to the complaint
q copy of which il served herewith.
I And you and each Of you are furthel
, notified. that II you 30 fail to appea
{ and answer the complaint OF plaintiff
: as above required. the plaintiff VII
apply to the court for the reher oe
manded in the complaint.
In witness whereof have hereunt'
;. set my hand and affixed the seal OF tn
above court, this 14th day Of Decem
Der, 1905. J..H. L1DON,
(Court SeaD CLERK.
BY Geo. E. Erb. Deputy
N. Smith, residing at Lewiston
d Idaho, attorney for plaintiff.
). d1s.j19 INC 6w