The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-04-22

In the District Court Of the Seventh
Judicial District OF The S,o,o 30
Idaho, in and for the County Of
Canyon. vi
ALIAS SUMMONS ON FORECLOs-
URE OF MORTGAGE
state or Idaho, Plaintiff VS. Franl,
V. Herline and Martha Herline hiS
wlfe; Joseph Creswel and Daisy
"A. Creswell his wife; New ply
mouth Land & Contamination co
Ltd., corporation; Sarah ] West
by and Harry II. Westby execu-
tors OF the last will and testament
OF James +. Westby, deceased
Leroy V. Patch and Ernestine w
Patch, his wife; Harry H. Westby
and j. A. Jackson, Defendants.
me State of Idaho sends Greeting
to tho above named Defendants:
You are hereby required to appear
III an action brought against you bv
the above named plaintiff in the Dis
trlct Court of the Seventh Judicial
District, State of Idaho, in and for
the County of Canyon and to answer
tho complaint filed herein within
twenty days exclusive of the day of
service) after the service on you of
this summons, If 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
~
certain prOmissory motto in writing
bearing date on that day in the fol-
owing words and figures, to-wit:
100000.
Boise, Idaho, Feb. Is, 1904
On the 18th day Of February, A. d.
1909, for value received, | promise
to pay to the order of the State of
Idaho, the Principal sum of Five
Thousand, ($500O.0O) Dollars with
interest thereon at the rate of 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
tho 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 " NV "a Sec 33 and f u
NE a Sec. 80 Twp. 8 N. r. w in
Canyon County, Idaho.
Signed:
FRANK w. HERLINE,
MARTHA A HERLINE
All of which more particularly ap-
pears by the complaint on file herein
| which is hereby made a part of this
summons, and hereby referred to.
That the premises conveyed by
sa ID mortgage may be sold, and the
| proceeds thereof applied to the pay
ment of the sum so due to the plain
| tiff, including costs, accruing 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 ant
interest in and to said mOrtgaget
premises and for such other and fur
Their relief as may be just and equit
able.
And if you fail to appear and an
swer such complaint as above re
quired, plaintiff will take default
against you and apply to the Cour
for relief demanded in the complaint
Given under my hand and seal o
the said District Court, in the Count.
of Canyon, State of Idaho, this 18tl
day Of April in the year of our Lore
one thousand nine hundred and ten
o. V. BADLEY,
Clerk
By C. WHIFFEN,
Deputy Clerk
(seaD
d. G. McDOUGALL,
Attorney for Plaintiff, Residing
| of poico Idaho