The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1911-12-07

a. Vlele Plaintiff
VS..
p. q Williams, James r. Keith as administra-
Vor q the estate of David L. Williams deeeas-
ca end -------------- and --L--
whose names are to plaintiff unknown. tbeun-
known heirs and unknown devisees OF the
said David l. Williams, deceased the grantor
IN q certain mortgage from David u Williams
ana 81 q. Williams to a. yiele, recorded in
Book Of Mortgages at page sos Of the mort
gage records of Owyhee County, Idaho. James
"A Williams Jesse NJ. williams, John VIII
hams VIM. L. Williams Andrew s. Williams.
Thomas 7. Williams, Joseph B. Williams.
Charles 3 Williams, Earnest Williams, Theo-
dore Williams Emma F. Rather, and Nora G.
Holcomb, Defendants
SECOND ALIAS
SUMMONS on FORECLOSURES OF MORTGAGE
THE STATE OF IDAHO
Sends Greeting to the above named Defendants.
YOU ARE HEREBY REQUIRED 10 Al.
PEAR In an action brought against Won IN tha
above named plaintiff in the District Cont IF
the Third Judicial District, state Of idaho Il
and for the County Of 0wyhee and to answer tbe
complaint filed therein within 20 days fexoln.
siYe Of the day Of service after the service III
you Of this summons, if served within this ala.
uiet or fserved out Of this district within forty
days The said action is brought TO obtain .
cree Of this court for the foreclosure OF \ car.
tain mortgage described in the complaint and
executed by the said T.. c. Williams and David
u Williams as mortgagors to A. Viele as mort
gagee' on the 18th day Of February, 1908. to Sc
cure 4 ne payment OF a certain series OF fen pro
missory notes amounting in all to the sum Of
Sl0657, note number Of said series betng for
the sum Of si0.5l Notes No to 10 inclusive
being for the sum Of SIP each; Note No. be-
coming due Jam l, 1909, and the balance Of the
SAID series Of notes becoming due at intervals Of
one year thereafter, said series being executed
ana delivered to the said plaintiff BY lie said
deienaafts' +. 2. Williams ana David T. VIII
hams now deceased on the 18th day Of Feb.
ruaFy l98; that the whole Of the said series Of
notes has become due and payable by reason Of
the failure OF defendants to pay Note No. 8, due
January I, 1911, pursuant to the provisions Of
sag note ana mortgage; that the said mortgage
embraced the following described property in
owyhee Couaty, State OF Idaho, to wit:
The southeast quarter OF the southeast omar
ter dissection u, and the northeast quarter Of
the northeast quarter Of section % in townsbip
!, north OF range g. west OF Boise meridian. con
tanning eighty acres, together with a 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 rel
corded and the same was afterwatd. to vii. on
the 10th day Of April, 1908, duly recorded in The
office of the County Recorder OF Owyhee Coun
ty State Of Idaho in Book OF Mortgages. at
page 506 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 mortgages that the whole debt secured
thereby should become due and collectibe 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 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 coleeHble with the prin-
cipal note
That plaintiff claims the sum Of SIS as attor
ney's fees herein and asks for Judgment for the
principal sum Of $4,000 and for $780, 5s paid for
taxes and for the 5000 attorneys fees and for
the costs Of this action.
That the complaint has been filed against the
defendants herein in the above action ana a
copy thereof is hereto attached and made a part
hereof
That the premises conveyed by said m mortgage
may be sold, and the proceeds thereof applied
to the payment Of the sum so due to the said
plaintiff, including costs, aecruing costs and
attorneys fees, and in case such proceeds are
nos sufficient to pay the same, that plaintiff may
have Judgment for such deficiency and exeeu-
ton issue therefor; that the said defendants
and all persons claiming by, through or under
them may be barred and foreclosed OF all title,
right claim, lien, equity of redemption and in
terest in and TO said mortgaged premises and
for such other and further relief as may be just
and equitable.
And if you fail to appear and answer such
complaint as above required plaintiff viii
take default against you and apply to the Court
for relief demanded in the complaint
Given under my hand and the seal Of the
District Court Of the Third Judicial District OF
the State OF Idaho, in and for the County OF
owyhee, State Of Idaho, this 18th day OF October
in the year OF our Lord one thousand nine hun.
dred and eleven.
tsignedl j. S. ST CLAIR
SEAL Clerk
McElroy Wmstead,
Attorneys for PLAINTIFF,
Residence, Boise, Idaho
-5t-First publication Nov %, 1911.
Last publication Dec q, 1911