The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-05-13
o. v. BADLEY,

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, Plaintln, VS.. FRANK
V. HerIine and Martha Herlne, MS
wife; Joseph Creswell and Daisy
A. CresweIl, his wife; New Ply
mouth Land & Contamination Co,
Ltd, a corporation; Sarah }. West
by and Harry Ii. WestDy, eXecu-
tors OF the last Will and testament
OF james L. Westby, deceased,
Leroy V. Patch and Ernestlne w.
Patch, his wife; Harry ii. 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 Tor
the County OF canyon and to answer
the complaint filed herein within
twenty days exclusive of the day oil
serVice) after the service on you oil
this summons, ii 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 tor 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 d
certain promlssory note in writing
bearing date on that day in the fol
lowing words and figures, to-Wlt:
$5O0U.0O.
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, ($5O0O.OO) Dollars with
interest thereon at the rate of pei
cent per annum, payable semi-an-
nually, from date until maturity, &C
cording to the tenor of Ten Interest
Notes hereto attached, both prIncipa
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. IL
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 tn,
! holders option.
These notes are secured by mort
| cages of even date herewith covering
the w u NV "a Sec. 33 and E y
NE "a Sec. 80 Twp. 8 N. r. 4 w il
Canyon County, Idaho.
Signed:
FRANK w. HERLINE,
MARTHA A HERLINE
All of which more particularly al
pears by the complaint on file herei
which is hereby made a part of thi
summons, and hereby referred to.
That the premises conveyed b
said mortgage may be sold, and tn
proceeds thereof applied to the pa.
ment of the sum so due to the plaiI
tiff, including costs, accruing cos
and attorneys fees, and in case sue
proceeds are not sufficient to pay tt
same, that plaintiff may have judi
ment for such deficiency and exec
ton issue therefor; that the said d
PENDANT and all persons claiming b
through or under them may be ba
red and fOreclosed of all title, RICH
claim, lien, equity of redemption al
interest in and to said mortgage
premises and for such other and flu
ther relief as may be just and equi
able.
And if you fail to appear and a
[ swer such complaint as above +
I quired, plaintiff will take defau
against you and apply to the Cou
for relief demanded in the complain
Given under my hand and seal
the said District Court, in the Coun
of Canyon, State of Idaho, this Is
: day of April in the year of our Lo
: one thousand nine hundred and te
1 o. V. BADLEY,
Cler
By C. WHIFFEN,
D Deputy CleT
(seaD
= ID. G. McDOUGALL,
y Attorney for Plaintiff, Residi
at Boise Idaho