The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1909-05-29


In the District Court of the Seventh
Judicial District of the State of Ida
no, in and for the County of Canyon.
D. w. carter pialntin, vs. Perry \.
band and wife; George w. Wattles and
j. We'll, defendants.
The State of Idaho sends greeting
20 the above named defendants.
You are hereby required to appear
In an action brought against you By
the above named plaintiff in the Dis
District of the State of Idaho, in and
for the County of Canyon, and to an
swer the complaint filed therein with
IN twenty days exclusive of the day
this sumomns II served within the dis
trict within which the action is
brought, and within forty days If serv-
ed elsewhere. Said action is brought
to obtain decree of this court for the
foreclosure OF certain mortgage de-
scrtbed in the complaint and executed
oy Perry N. huntington and Katie
burlington, husband and wife, on the
2lst day of December, 1905, to secure
the payment Of O. certain promissory
note dated at Caldwell, Idaho. Decem-
Der q, 1905, executed and delivered
by the said defendants, Perry N. Buff
tngton and Katie Burlington, to
10000, with interest thereon from the
date thereof, at the rate of ten per
cent per annum, interest payable an
nualIyi together with reasonable at
torney's fee for suit on said note and
mortgage, and $63.48 taxes paid BY
plaintin, and costs and disbursements
OF this action, No part of said princi-
pal sum, or the interest thereon, has
been paid. The following is the de-
scription OF the lands mortgaged as
aforesaid to secure the payment of the
above mentioned note:
The southwest quarter of the north
east quarter OF section six, township
four north of range four west OF Boise
Meridian, in the County of Canyon,
State of Idaho, containing forty acres.
together with fifty inches of water
from the American ditch, and ali wa
| ter, water rights, laterals, bitches and
| rights of way for bitches used in con.
| nectton with, or appurtenant to said
premises. The said note and mortgage
4 having been assigned to this plaintiff
and the said land herein described hav-
ing been sold and conveyed to defend.
ant, George w. Wattles, since the exec
cution of said note and mortgage.
All of which more fully appears in
the complaint filed herein, a. COPY of
which is attached hereto, served here
with, and made part of this summons
by reference thereto.
That the premises conveyed by said
mortgage may be sold and the proceeds
promissory note and mortgage and a
certain judgment recovered by this
platntin against the defendant, George
w. Wattles, for $246.37, in the District
Court of the Seventh judicial District
/ of the State of Idaho, In and for the
County of Canyon, on November 13,
/ ASVl anu III Case SuCH proceeds are not
SUFFICIENT to pay said note and mort
gage, that plaintiff may have judgment
for such deficiency against the defend
ants, Perry N. Burlington and Katie
Burlington, and execution issue there
for; also, that the said defendants and
all persons claiming by, through, or
| under them, may be barred and fore
/ closed of all right, title, claim, lien,
equity Of redemption, and interest in
| and to said mortgaged premises, or for
such other and further relief as may
| be just and equitable.
And you are hereby notified, that II
you fail to appear and answer the said
complaint as above required, the said
plaintiff will apply to the court for the
relief demanded in the complaint.
Given under my hand and the seal of
the District Court of the Seventh Ju-
dicial, District Of the State Of Idaho,
z day of May, 1909.
o. v. BADLEY,
| (SEAL) Clerk.
C. w. WHIFFIN,
Deputy.
Attorneys for plaintiff,
Residing at Caldwell, Idaho.
Nav 1b-22-29-Juna k-12-10