The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1911-12-21

known heirs and unknown devisees of the
said David l. Williams, deceased, the grantor
in certain mortgage from David L. Williams
and E. G. 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 c VIII
lams, VIM. L. Williams. Andrew s. Williams,
Thomas 7. Williams, Joseph b. Williams,
Z Charles B. Williams. Earnest williams Theo-
dore Williams Emma r. 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 no AP.
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
you Of this summons, If served within this dis
trlct' or ifseryed out fthis 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. G. Williams and David
I. Williams as mortgagors to A. Viele as mort
gage on the 18th day of February, 1908, to Sc
cure Inc payment Of a certain series OF ten pro-
missory notes amounting in all to the sum Of
SlO637 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, E. G. Williams ana David L. VIII
Hams, now deceased. on the 18th day OF Feb
ruary, 1905 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 1, 1911, pursuant to the provisions of
sald 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 southeast quar-
ter Of section II, and the northeast quarter Of
the northeast quarter Of section 20 in township |
!, north Of range 9, 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 Only aeknow-
lodged and certified so as to entitle it to be re-
corded and the same was afterward. 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, al
page 300 Of the mortgage records Of said county.
That the said mortgage BY its terms expressly
provides, among other things, that IN the ease
OF the failure Of the makers to paw when d,a
any sum covenanted to be paid or secured BY
said mortgage. that the whole debt secured
thereby should become due and collectible 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 coIlectible 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 ss9.5s paid for
taxes and for the $500 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 a 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, accruing costs and
fees, and in case such proceeds are
not sufficient to pay the same, that plaintiff may
have judgment for such deficiency and execu
ton issue therefor; that the said defendants
and all persons claiming by, through or under
them may be barred and foreelosed 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 lust
and equitable.
And if you fail to appear and answer such
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.
bred and eleven.
(signed) j. S. ST CLAIR
lSEALl Clerk
McElroy s. Wlnstead,
Attorneys for Plaintiff
Residence, Boise, Idaho.
1s-6t-First publication Nov %, 1911.
last mn hliea ffnta T1oo 90 1ott