Cañon City record., 1911-02-02

DdF1d fNinBles
Plainuff)
VS..
Albert Morrison. )suMMoNs.
N. ]. Evans and)
Bertha Z. Combs.)
Defendants.)
The People OF the State OF Colorado to
the defendants above named.
GREETING:
You are hereby required to appear
In an action brought against you by
the abovc-named plaintiff In the Dis
trict Court of Fremont county, State
of Colorado, and answer the com
plant therein within twenty (20) days
after the service hereof II you are
served within this county; II served
out OF this county, or by publication.
within thirty (s0l days after service
hereof exclusive OF the day OF service.
or Judgment by default will be taken
agninRt you according 10 the prayer
of the complaint. II copy Of the COM
plant be not served upon you here
vith. or IL service hereof be made cut
Of the State OF Colorado. ten uo) days
additional time after that above speci-
aed shall be allowed for your appear
ance and answer In said action
This in an action brought TO recover
the following Judgment:
lat. Agninst the said defendants
Albert Morrison, NJ J. Evans and
Bertha Z. Combs. jointly and several
iy, for the principal sum OF twenty
two hundred dollars (s2f0o.co). and
for interest thereon at the rate OF
eight fsl per cent per annum from
September 18th. 1903. until paid, or
until Judgment shall be entered here
IN. being the balance due on certain
pronmirsory note made. executed and
delivered by the defendant Albert
Morrison to tho plaintiff herein. bear
ing date September 18th. lsot. ior the
sum OF twenty-five hundred dollars
fsx1oo o0). with interest payable semi
annually from date until paid. AZ tne
rats Of eight fs) per cent per annum,
intercet having been paid thereon un-
tSl Ssptsrnber I1th. 1903; and further
for . reasonable attorneys feo under
the clause In the mortgage hereinafter
mentioned, providing for n reasonable
ATTORNEYS fee IN case OF foroclosure.
and also TO recover the costs OF this
action
md. Against ali OF the defendants
h.resn for the foreclosure OF GER
tain mortgage made. executed ano
delivsred TO the said plainun oy
the said defendant Albert Morrison
on the 18th day OF September. A. ",
is0s. to secure the payment OF the
said note upon the following DE-
scribed pre- misses situated IN ,ne
county of Fremont and state OF COLO
rado. to-w!t: Lot numbered ten llol
IN block numbered twenty-five t2S)
m the town (now city) of Canon city.
according 10 the recorded plat OF SAID
city rs appears in the plat book IN
the once OF tho county clerk and re.
corder OF Fremont county. which said
MORTGAGE further provides as foilovs'
"Aud in case suit n brought 10 tore-
eloee this mortgage the said party OF
the irst part for himself. his heirs.
executors, administrators and assigns,
agrees to pay a reasonable attorneys
fee therefor, which is to be tnciuoeo IN
such judgment or Decree. ana whiSn
said note and mortgage said deienu-
ant NJ. J. Evans in certain Warmly
dced conveying the above-descr1ped
nroperty made. executed and deliver
"a hy the defendant Albert horrison
10 the defendant N. J. Evans on the
ana day of July, A. ID. 1906, assumed
ana agreed TO pay. and which saio
note and mortgage said defcndant
Bertha Il. Combs I'm certain war
rauty deed conveying the aboye-de-
scribed property. made. executed ana
delivered by the defendant NJ. J..
Evans to the defendant Bertha r.
Combs on the 18th day Of January, A..
d. 1903, assumed and agreed 70 pay
and that all right. title, interest
claim ana demand Of equity and re-
demption whatsoever. OF said defend
ant herein, and OF each and every OF
them, in and to the premises ana
uroporty described IN said mortgage
and in and to each and evcry part
thereof. be foreclosed and forever
barred: that the court. by its judg-
mept herein. will order that said
premises and property. and every part
Thereof, or so much thereof az shall be
necessary for the full payment OF the
amount OF said Judgment. including
interest, attorneys' fees and costs.
knd costs OF advertising and SAFE, oe
soId by the sheriff OF said Fremont
County under an order OF sale to be
,srued By lsne clerk o this Court, un-
deg the zeal OF said Court. and that
ssle thereof shall be advertised aud
conducted and redemption therefrom
shall be allowed as specified by law
and that certificate or certificates OF
purchase and deed or deeds therefor
shall be issued and delivered by said
sheriff In accordance with the laws
OF Buiu Gtuto OF toiote"o ." 'eso'u "
tho sale Of real estate upon execution.
And that by its said judgment said
court will direct that tho proceeds OF
such sale be applied to the payment
Of the costs and expenses OF ADVERTISE
mcnt and sale, and OF the costs OF this
action, including two hundred and
fIfty dollars (t2bo.oo) a. attorneys'
fees. and 70 the payment Of the audg-
w,e~t hcroer n favor NJ amid nlnlntiff.
With interest a. aforesaid. and that II
there BE- any surplus after making
euch payments the same shall b. paid