The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1909-05-22

In the District Court of the Seventh
Judicial District Of the State Of Ida
w. p. Carter, plaintiff, VS.. Perry N
Burlington and Katie Burlington, nus
band and wife. George w. WattlGs and
j. We'll, defendants.
The State of Idaho sends greeting
to the above named defendants.
You are hereby required to appear
the above named plaintiff in the Dis
trlet Court of the Seventh Judicial
District Of the State of Idaho, in and
swer the complaint filed therein with
in twenty days exclusive of the day
OF service) after the service on you of
trict within which the action is
brought, and within forty days il serv-
ed elsewhere. Said action is brought
to obtain decree of this court for the
foreclosure of a certain mortgage de-
scribed in the complaint and executed
by Perry N. Burlington and Katie
21st day of December, 1905, to secure
the payment of a certain promissory
note dated at Caldwell, Idaho, Decem-
by the said defendants, Perry N. Buff
Eleanor G. Stevenson. in the sum of
date thereof, at the rate of ten per
cent per annum, interest payable an
nually; together with a reasonable at
torney's fee for suit on said note and
mortgage, and $63.4S taxes paid by
plaintiff, and costs and disbursements
of this action. No part of said princi-
been paid. The f5iioWing Is the H des
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
State of Idaho, containing forty acres.
Together with fifty inches of water
from the American ditch, ana 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
having been assigned to this plaintiff
ana the said land herein described hav-
ing been sold and conveyed to defend
ant, George w. Wattles, since the exc
cutton Of said note and mortgage.
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
thereof applied to the payment of said
promlssory note and mortgage and a
certain judgment recovered by this
plaintiff 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 49,
1907, and in case such proceeds are not
" pay Sdlu note ana 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 ana
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 end 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.
in and for the County Of Canyon, this
day of May, 1909
o. v. BADLEY,
(SEAL) CLERK.
G. W. WHIFFIN,
Deputy.
Attorneys for PLAINTIFF,
Residing at Caldwell, Idaho.
May 15-22-29-June 5-12-19.