The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1911-11-30


tor OF the estate OF David L. Williams deoeas-
ed AID -------- and -------
whose names are to plaintifunknown the I'M
known heirs and unknown devisees Of tie
said David L. Williams deceased the grantor
IN a certain mortgage from David L. Williams
and p q Williams to A. Viele recorded in
Book OF Mortgages at page SOC Of the mort
gage records OF 0wyhee County, Idaho, James
A. Williams. Jesse NJ. Williams, John VIII
liams, VIM L. Williams, Andrew s. Williams,
Thomas r Williams Joseph b. Williams.
Charles b. Williams. Earnest williams. Theo-
dore Williams, Emma f. rather, and Nora c
Holcomb, Defendants.
SECOND ALIAS
SUMMONS ON FORECLOSURES OF MORTGAGE
THE STATE OF IDAHO
Sends Greeting to the above named Defendants;
YOU ARE HEREBY REQUIRED no AP-
PEAR In an action brought against Won 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-
sive Of the day of service after the service on
you Of this summons, if served within this dis
tret; or ifseryed out OF this district within forty
days. The said action is brought to obtain
decree Of this court for the foreclosure OF a Ger
tain mortgage described in the complaint and
executed by the said Z. O. Williams and David
L. Williams as mortgagors to A. Viele as mort
gagee 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 oil
$lo657 note number Of said series being for
the sum Of Sl0.57, Notes No. to 10 inclusive
being for the sum OF sl2 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, p C. Williams ana David L. VIII
iams, now deceased. on the 18th day OF Feb
ruary, 1913; 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 !, 1911, pursuant to the provisions OF
said note and mortgage; that the said mortgage
embraced the following described property in
owyhee Couaty, State OF idaho, to wit:
The southeast quarter OF the southe east quar-
ter Of section u, and the northeast quarter Of
the north east quarter Of section 20 in township
I, north of range 8, west OF Boise meridian, con
tanning eighty acres, together with a water
right for one hundred and fifty inches Of water
from Hard Trigger Greek;
ana 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 goth day of April, 1905, duly recorded in The
office Of the County Recorder of Owyhee Coun
ty, State of Idaho in Book OF Mortgages. at
page 506 ofthe mortgage records of said county
That the sdd 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 eovenanted to be paid or secured by
said mortgage, that the whole debt secured
thereby should become due and collectbe at
the option OF the mortgagee 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 SS9.58 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
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, and in case such proceeds are
not sufficient to pay the same, that plaintiff may
have Judgment for such deficiency and execu-
tion issue therefori 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 uine hun.
bred and eleven.
Csignedl j. s. ST CLAIR
[sEALl Clerk
McElroy & Wlnstead,
Attorneys for Plaintiff,
Residence, Boise, idaho.
s-5t-First publication Nov %, 1911
Last publication Dec. p, 1911