The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1907-10-05
ALIAS SUMMONS

OF the Seventh Judicial District
District, State of Idaho, in and
The Ashton Bank of Ashton, Illinos
a corporation, Plaintiff
vs..
John Williams, Armada Williams and
A. l.. Williams, Defendants.
The State of Idaho, sends greetings
to John Williams, Amanda Will
liams and A. L. Williams.
You are hereby required to appear
in an action brought against you by
the above named plaintiff in the Dis
trict Court of the Seventh judicial
District, State of Idaho, in and
for the County of Canyon and
to answer to the complaint
filed therein within twenty days
exclusive of the day of SER
vice. after the service on you OF
this summons, If served within the
district; otherwise within forty days,
or judgment by default will be taken
against you, according to the prayer
of said complaint. The said action
is brought to obtain a decree of this
court for the reformation and fore
closure of a certain mortgage de-
scribed in the complaint and execut-
ed by said John Williams, Amanda
J. Williams, and A. l.. Williams on
the 18th day of December, 1906, to
secure the payment of certain
promissory note, dated the 18th day
of December, 1906, made, executed
and delivered by the said John Will
liams, Amanda J. Williams and A. L.
Williams the defendants herein, to
the said F. s. Hart and w. D. Knapp,
who duly assigned the same to the
The Ashton Bank, 1.-The plaintiff here
in, by the terms of said note the
defendants promise to pay to the said
F. s. Hart and w. d. Knapp or the
legal holder of said note, the sum of
One Thousand, Seven Hundred Fifty
two and sixty-five hundredths Dol
lars, ($1752.65) Gold Coin of the
United States, six months after with
interest at the rate of ten per cent
per annum until due and from that
date twelve per cent per annum until
paid; That there remains due and to
the said plaintiff the sum of One
Thousand Seven Hundred Fifty-two
and sixty-hYe one-hundredths Dol
lars with interest thereon from the
18th day Of December, 1906, until
due, after which it is to draw ~
per cent per annum until paid for
Two Hundred Dollars attorneys fees
and for the costs of this suit.
That 1t be decreed by the court
that the sheriff of said county sell
the mortgaged premises according to
law and the practice of this court.
The premises covered by the mort
gage sought to be reformed and fore
closed as set out in exhibit (A) of
the complaint are described as fol-
lows, to-wit:
The North One-half of the south
west one-fourth of the southwest one
fourth of \Section Twenty-three,
township -Four (4) north of range
three (3) west of the Boise merid-
ian, also all water rights, bitches
and rights of way for bitches used or
owned in connection with the above
described land; that instead of the
premises described as aforesaid the |
said mortgage was reformed so as
to comply with the intention of the |
said parties as set out in said COM
plant, all of which more fully .ap-
pears in the plaintiffs complaint |
herein, copy of which is served |
herewith, hereby referred to and |
made a part hereof, is described as |
follows, to-wit: The north one-half |
of the southwest one-fourth of the |
southwest one-fourth of the south |
west one-fourth of section twenty
three (23) in township fou' (1
north Of range three go west of the |
Boise meridian, also all water rights, |
bitches and rights of way for bitches |
used or owned in connection with |
the above described land.
The the premises as conveyed by |
said mortgage as reformed may be |
sold and the proceeds threof applied
to the payment of the sum so due to |
the said Ashton Bank and in case
such proceeds are not sufficient to |
pay the same, the plaintiff may have
judgment for such deficiency and ex-
ecution issue thereof; that the said
defendants and all persons claiming
by through or under them may be
barred and foreclosure of all title
right, claim, lien, equity or redemp-
ton and interest in and to said mort |
gagged premises and for such other
and further relief as may be just and
equitable.
And IL you fail to appear and an
swer such complaint as above re-
quired, plaintiff will take default
against you and apply to the court
for relief demanded in the complaint.
Given under my hand and seal of
the District Court, in the County of
Canyon, State of Idaho, this 2Srd
day of August, in the year of our
Lord, one thousand nine hundred and
seven.
o. v. BADLEY, Clerk.
BY A.. o. CHRISTOPHER,
Deputy Clerk,
JACKSON & WALTERS,
Residence, Caldwell, Idaho, Attor-
neys for Plaintiff.