The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1911-11-23

VS.
e. c. Williams, James R, Keith as administra-
tor of the estate of David L. Williams deceas-
ed. and ------- and ----
whose names are to plaintiff unknown, the I'M
known heirs and unknown devisees of the
said David L. Williams, deceased the grantor
in a certain mortgage from David L. Williams
and E. @. Williams to A. viele, recorded in
Book Of Mortgages at page SOC Of the mort
gage records of owyhee County, Idaho, James
A. Williams. Jesse NJ. Williams, John C viii
liams, VIM. L. Williams, Andrew s. Williams,
Thomas I. Williams, Joseph b. Williams,
Charles B. Williams, Earnest Williams, Theo-
dore Williams Emma F. Rather, and Nora c.
Holeomb, Defendants
SECOND ALIAS
SUMMONS ON FORECLOSURE OF MORTGAGE
THE STATE OF IDAHO
Sends Greeting to the above named Defendants;
YOU ARE HEREBY REQUIRED no APP
PEAR In an action brought against You by the
above named plaintiff in the District Court Of
the Third Judicial District, State Of Idaho, in
and for the County Of Owyhee, and to answer the
complaint filed therein within 20 days (exclu
siye of the day Of service after the service on
- N@--'
trict or fserved out ofthis district within forty
days. The said action is brought to obtain a
decree of this court for the foreclosure Of GER
tain mortgage described in the complaint and
executed by the said E. c. Williams and David
L. Williams as mortgagors to A. Vieie as mort
gage, on the 18th day Of February, 1908, to Sc
cure the payment of a certain series Of ten pro
missory notes amounting in all to the sum Of
$lOf ~ har Of cofd
the sum of Slo.57 Notes No to 10 inclusive
being for the sum OF s1s each; Note No. ! be-
coming due Jan. l, 1909, and the balance Of the
said series Of notes becoming due at intervals Of
one year thereafter, said series being executed
and delivered to the said plaintiff by the said
defendants, e. c. Williams ana David L. VIII
liams, now deceased. on the 18th day of Feb
ruary, 1898; that the whole of the said series OF
notes has become due and payable by reason OF
the future OF defendants to pay Note No 8, due
January !, 1911, pursuant to the provisions OF
said note and mortgage; that the said mortgage
embraced the following described property in
Owyhee County, State Of Idaho, to wit:
The southeast quarter Of the south-ea quar-
ter of section II, and the northeast quarter of
the northeast quarter of section 20 in township
l, north of range 81 west OF Boise meridian, con
tanning eighty acres, together with water
right for one hundred and fifty inches of water
from Hard Trigger Creek;
And that the said mortgage was duly acknow
lodged and certified so as to entitle it to be re-
corded and the same was afterwatd, to wit on
the 10th day of April, 1905 duly recorded in the
Office OF the County Recorder of owyhee Conn
ty, State of Idaho, in Book Of MORTGAGES. al
page sos Of the mortgage records OF said county.
That the said mortgage by its terms expressly
provides, among other things, that IN the case
OF the failure OF the makers to pay when due
any sum eoyenanted to be paid or secured by
said mortgage. that the whole debt secured
thereby should become due and colleetible at
the option of the mortgage or the holder Of
the said mortgage without notice. That the
said mortgage also provides that in case of fore
closure the said mortgagors would pay a reason
able attorneys fee in said action
That said mortgage also provides that all
money paid by the mortgage for taxes shall be
secured thereby and collectible with the prin-
cipal note.
That plaintiff claims the sum of S75 as attor
ney's fees herein and asks for Judgment for tie
principal sum of $4,000 and for ss9.5s paid for
taxes and for the $1,000 attorneys fees and for
the costs OF this action.
That the complaint has been filed against tbo
defendants herein in the above action and 4
copy thereof is hereto attached and made mart
hereof.
That the premises conveyed by said mortgage
may be Sold and the proceeds thereof applied
to the payment Of the sum so due to the said
plaintiff, including costs, accruing COSTS and
attorneys fees, and in case such proceeds are
not sufficient to pay the same, that plaintiff NAV
have judgment for such deficiency and exeon- |
ion issue therefor; that the said defendants
and all persons claiming by, through or under
hem may be barred and foreelosed of all title
light, claim, lien, equity Of redemption and in
crest in and to said mortgaged premises and |
or such other and further relief as may be inst
md equitable.
And If you fail to appear and answer such
complaint as above required, plaintiff will |
AXE default against you and apply to the Court
or relief demanded in the complaint
Given under my hand and the seal of the
district Court of the Third Judicial District Of
he State of Idaho, in and for the County of
)wyhee, State of Idaho this nth day of October
n the year Of our Lord one thousand nine hun.
red and eleven.
(signed) j. S. ST CLAIR
lsEALl Clerk
icElroy & Winstead,
Attorneys for PLAINTIFF,
Residence, Boise, Idaho
S-5t-First publication Nov. %, 1911.
Last publication Dec. q, 1911