The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1906-11-02
Alias Summons.

In the District Court OF the Seventh Judicial
District OF the State OF Idaho, in and for the
County OF Owyhee.
j. L. Davey Plaintiff, vs.. John X stout, Flor
ence NJ Stout Minnie Weston, administrators
of the estate of William H B. Stout deceased
and Perry Shull, defendants.
The State OF Idaho sends greeting to the
above named defendant
You ale hereby required to appear in an ac-
ton brought against you by the above named
plaintiff in the District Court Of the Seventh
Judicial District State OF Idaho, in and for the
county of Owyhee, and to answer the com
plant filed therein within ten days exclusive
of The day of service) after the service you
OF this summons, ii served within this county
or if served out OF this county, but in this dis
trict within twenty days; otherwise within
forty days. The said action is brought TO OBJ
tain Judgment against the said defendants,
John X. Stout Minnie Weston, administrators
of the estate of w. II. B. Stout, deceased, and
Florence M. Stout Tor the sum OF Two Thousand
Dollars, With interest thereon from August IT,
1901, at the rate OF ten per cent per annum unit
paid, and for the further sum Of One Humid ed
and Fifty Dollars attorney lees and for plaint-
ifs costs and disbursements, and to obtain
decree OF the court for the foreclosure OF Ger
tain mortgage. described in the complaint
made and executed by John X. Stout, w II. b.
stout and Florence NJ. Stout, his wife, to George
w Bruce on the 10th day Of August 1901, TO
secure the payment Of TWO certain promssory
notes, dated on said last named day, and made,
executed and delivered by said John K. Stout
and w. IL. b. Stout 10 the said George w. b uce
for the sum Of Two Thousand Dollars, with in
terest thereon from dale until paid at the rate
Of ten per cent per aunum, as described in said
complaint. no part of which has been paid.
which said mortgage was, on the 27th day OF
March, 1906. assigned by the said George W.
Bruce 10 this plaintiff Plaintiff further prays
that the priority lien herein may be deter
mined by the court; that the amount found due
the plaintiff may be adjudged to be the first and
best lien the premises described in said
mortgage, and that the premises described III
said mortgage may be sold by the sheriff Of said
county according to law and the practice of his
court; that the proceeds OF said sale may be APP
piled in the payment Of the costs and disburse
ments Of plaintiff in tAis action, including the
cost of said sale, and the attorney ices allowed
| by this court, the amount found due plaintih,
including said principal and interest. and the
further sum Of S49865 as taxes paid by the PLAIN
tiff upon said premises that in the e ent the pro
CeGQb Ol Sdlu SAFE sudll
ami satisfy the amount due plaintiff, that he,
the said plainlif, may have personal judgment
and ext cution against said defendants John X.
Stout and Minnie Weston, as such administrators
of the estate OF W. II. B. Stout, deceased, for any
deficiency or balance which may remain after
applying all the proceeds Of the sale OF said
premises properly applicable to the satisfaction
of said judgment Plaintiff further praAs thai
1 ~, Mo-. nd al cal
Perry ahuil, and all persons claiming under
and through him. or either of the s. id defend
ants, subsequentfo the execution of said mort
gage upon said premises either as purchasers,
ncumbrancers, mortg gees or otherwise, may
be barred, for closed and enjoined from exei-
cising, claiming or asserting any right, title
claim. interest, lien or equity in or to said mort
gagged premises, or any part thereof ri intin
lurther prays, that the plaintiff or other
party Of this suit, or other person. may become
purchaser OF said sale; that the sheriff execute
deed to the purchaser in he manner provided
by law and in ACCORDANCE with the practice Of
this court; that said purchaser be let into The
possession Of the said premises on the produc-
ton Of said sherifis deed therefor. and that the
pl intif may have such other and further relief
in the premises 10 this court ay seem meeI
and equitable. Plaintiff further prays that said
/ defendant. Perry Shull, shall be EMO ned from
exercising any control over, or occupy ng said
premises, or any part thereof, and that an order
OF the court be made enjoining said Perry Shull
| from occupying, controlling or using said prem
ises, or any part thereof, during the tendency OF
this action, and that upon a final hearing hereof
said Injunction be made perpetual; that in order
10 prese We plaintiffs security and prevent said
mortgaged premises from going to W ste, the