The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1909-06-26
ALIAS SUMMONS,

III the OlSLTlCI Court Oh tie SeNenln
JUDICIAL District OF the state of Ida
ho, in and for the County of Canyon.
w. =. Carter, plaintiff, vs.. Perry n.
Bumngton and Katie Buthngton' NUS
band and wife; George w. WattlGs aud
j. Well, defendants.
The State of Idaho sends greeting
10 the above named defendants.
You are hereby required to appear
in an action brought against you by
the above named plaintiff in the Dis
Irict Court of the Seventh Judicial
for the County OF Canyon, and to an
sWer the complaint filed therein with
of seryice) after the service on you of
this sumomnS ii served within the dis
trict within which the action is
cd aGS said action Is brOSgHt
to obtain a decree of this court for the
foreclosure of a certain mortgage de-
Dy Perry N. Burlington and Katie
butnngton, husband and wife, on the
2lst day of December, 1906, to secure
the payment of a certain promissory
note dated at Caldwell, Idaho, Decem-
Der II, 1905, executed and delivered
ny the said defendants, Perry N. Buff
nngton and Katie Burlington, to
Eleanor c. Stevenson, in the sum of
10000, with interest thereon from the
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 $6S.4S taxes paid by
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 all wa
.er, water rights, laterals, bitches and
rights of way for bitches used in con.
neCtion with, or appurtenant to said
premises. The said note and mortgage
having been assigned to this plaintiff
| and the said land herein described hay-
ing been sold and conveyed to defend
| ant, George w. Wattles, since the exc
| cution of said note and mortgage.
All of which more fully appears in
| the complaint filed herein, q copy of
which is attached hereto, served here
| with, and made a 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
| promissory note and mortgage and a
certain judgment recovered by this
| plaintiff against the defendant, George
| w. Wattles, for $246.S7, in the District
Court of the Seventh Judicial District
County of Canyon, on November IS
| 1907, and in case such proceeds are not
| sufficient to pay said note and mort
| 6dSSs that pld1hllA may nave
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, OF
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 fol
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
platntin 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, thii
day of May, 1909.
8. v. BADLEY,
| (SEAL) Clerk.
c. W. WHIFFIN,
Deputy.
Smith & Scatterday,
Attorneys for plaintiff,
Residing at Caldwell, Idaho.
May 16-22-29-June 5-12-19.