The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-04-29

In the District Court of the Seventh
Judicial District of the State of
Idaho, in and for the County of
Canyon.
ALIAS SUMMONS ON FORECLOS-
URE OF MORTGAGE.
State of Idaho, Plaintiff, VS.. Frank
V. Herline and Martha Herline, his
wife; Joseph Creswell and Daisy
A. Creswell, his wife; New Ply
mouth Land & Contamination Co.,
Ltd, a corporation; Sarah j, West
by and Harry H. Westby, execu-
tors of the last will and testament
of James P. Westby, deceased,
Leroy V. Patch and Ernestine w.
Patch, his wife; Harry H. Westby
and j. A. Jackson, Defendants.
The State of Idaho sends Greeting
to the above named Defendants:
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
the complaint filed herein within
twenty days exclusive of the day of
this summons, IL served within this
district; or if served out of this dis
trict, within forty days. The said
action is brought to obtain a decree
of this Court for the foreclosure of a
certain mortgage described in the
complaint and executed by the said
Frank w. Herline and Martha A.
Herline ON the 18th day of February
1904, to secure the payment of a
certain promissory note in writing
bearing date on that day in the fol-
lowing words and figures, tO-wit:
100000.
Boise, Idaho, Feb. is, 1904.
On the 18th day of February, A. D..
1909, for value received, l promise
to pay to the order of the State of
Idaho, the Principal sum of Five
Thousand, ($50OO.0O) Dollars with
interest thereon at the rate of Z per
cent per annum, payable semi-an-
nually, from date until maturity, ac-
cording to the tenor of Ten Interest
Notes hereto attached, both principal
and interest payable at the Office of
the State Board of Land Commits
siOners, Boise City, Idaho. This note
10 per cent interest after due. In
case any interest note hereto attached
or any part thereof, is not paid with
in 80 days after due, then this note
shall become at once due and payable
without action or demand at the
holders option.
These notes are secured by mort
cages of even date herewith covering
the w u NV u Sec. 33 and Il II
NE Y Sec. 80 Twp. 3 N. II. w in
Canyon County. Idaho.
Signed:
FRANK w. HERLINE.
MARTHA A HERLINE
All of which more particularly ap-
pears by tho complaint on file herein
which IN hereby made part of this
summons, and hereby referred to.
That the premises conveyed by
said mortgage may be sold, and the
proceeds thereof applied to the pay
ment of the sum so due to the plain
tin. including costs, accrulng costs
and attorneys fees and in case such
proceeds are not sufficient to pay the
same. that plaintiff may have judg-
ment for such deficiency and execu-
ton issue therefor; that the said de-
PENDANT and all persons claiming by,
through or under them may be bar
red and fOreclosed of all title, right,
claim, lien, equity of redemption and
interest in and to said mortgaged
premises and for such other and fur
Their relief as may be Just and eQuit-
able.
And II 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
tho said District Court. in the County
of Canyon, State of Idaho, this 18th
day of April In the year of our Lord
one thousand nine hundred and ten.
o. V. BADLEY,
Clerk.
BY G. WHIFFEN,
Deputy Clerk
(seal
ID. C. McDOUGALL.