The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1911-12-14

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ca and --------- and ------
whose names are to plaintiff unknown. the an
known heirs and unknown deyisees Of the
said David l. Williams, deceased. the grantor
~ certain mortgage from David L. Williams
and =. g. Williams to A. yiele recorded III
Book Of Mortgages at page SOC OF the mort
gage records OF 0wyhee County, Idaho, James
Williams Jesse M Williams, John VII.
hams' VIM. l. Williams. Andrew s. Williams,
Thomas T Williams, Joseph B. williams,
Charles 3. Williams, Earnest Williams. Theo-
dore Williams, Emma +. Rather, and Nora G.
Holcomb, 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 fexclu-
siVe Of the day Of service after the service on
YOU Of this summons, if served within this dis
tret; ifserved out ofthis district within forty
days. The said action is brought to obtain a
cree OF this court for the foreclosure Of GER
tain mortgage described in the complaint and
executed by the said e. G. williams and David
L. Williams as mortgagors to A. Viele as mort
gage on the 18Th day Of February, 1908, to Sc
cure he payment Ola certain series Of ten pro
missory notes amounting in all to the sum Of
$1,000 note numherl Of said series being for
the sum of Sl0.57, Notes No to 10 inclusive
being for the sum OF sl2 each; Note No. j be-
coming due jan. 1, 1909. and the balance OF the
said series Of notes becoming due at intervals Of
one ycar thereafter said series being executed
and delivered to the said plaintiff BY the said
detenda Is, +. @ Williams ana David L. VIII
liams- now deceased. on the 18th day Of Feb
ruarv, 1875 thatthe 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
said note and mortgage; thar the said mortgage
embraced the following described property III
owyhee Couny, State Of Idaho, to wit:
The southeast quarter Of the southeast quar-
ter Of section n, and the northeast quarter Of
the north east quarter Of section 20 in township
], north OF range g. west Of Boise meridian, con
tanning eighty acres. together with water.
right for one hundred and fifty inches Of water
from Hard Trigger Creek;
ans that The said MORTGAGE was duly aoknow-
LEGGED and certified so as to entitle it to be re-
corded nd the same afterwald to wit on
the 20th day IF April 1905, duly recorded in The
office Of the County Recorder OF Owyhee Com
ty' State Of Idaho in Book Of Mortgages. al
page SOC Of the mortgage records Of said county.
That the said mortgage BY Is terms expressly
provides, among other things, that IN the case
81 the failure Of the makers to pay when due
any sum covenanted 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 colectble with the prin-
cipal note.
That plaintiff claims the sum of S75 as attor-
news fees herein and asks for Judgment for the
principal sum Of $4,000 and for $50 81 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 and a
copy thereof is hereto attached and made part
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, aecruing costs and
attorneys fees, aud in case such proceeds are
not sufficient to pay the same that plaintiff may
have Judgment for such deficiency and execu-
ton issue therefor; thai the said defendants
andall 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 II YOU fail to appear and answer such
complaint as above required, plaintiff will
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 uine hun.
dred and eleven
(siguedl j. S, ST CLAIR
SEAL Clerk
AeElroy s. Winstead,
Attorneys for PlaintF,
Residence, Boise, Idaho.
ls5t-First publication Nov 90 1911