The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1911-08-10

within this district; or if served out of
this district, within forty days. The
said action is brouht 10 obtain decree
of this Court for the foreclosure of Ger.
tain mortgage described in the complaint [
and executed by the said E. G. Williams I
and David L. Williams on the 18th day
Of February 1908 to secure the payment
of a certain series OF ten promissory |
notes amounting in all to the sum of
$l08.57, note No. of said series being
for the sum of $40 81 note No. to 10
inclusive being for the sum OF $1,000
each, Note No. becoming due Jan. /,
1909, and the balance of said series be-
coming due at intervals Of one year
thereafter, said series being executed
and delivered to the said plaintiff by
the said defendant e. @. Williams and
David L. Williams, now deceased, on
the 18th day of February, 1908; that
the whole of the said series of notes has
become due and payable by reason of
hesfaiIure Of defendants to paw note
No. 8, due January l, 1911, pursuant to
the provisions of the said note and
mortgage. That said mortgage mbraced
the following described property ia
Owyhee County, State of Idaho, to wit:
The south east quarter Of the south
east quarter Of section II and the north
east quarter of the north east quarter
of section 20 in township / north Of
range west of Boise Meridian, contain
ing eighty acres, together with water
right for one hundred and fifty inches
of water from Hard Trigger Creek; and
that the said mortgage was duly ack
nowledged and certifes so as to entitle
it 10 be recorded and the same was after
wards, to-wiit, on the Goth day of April.
1908, duly recored in the Office of the
County Recorder Of Owyhee County,
state of Idaho, in Book Of Mortgages
at page sos 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 paw when due, any sum
covenanted to be paid, or secured hv
said mortgage. that the who'e debt Sc
cured thereby should become due and
colectihle at the option Of the mortgage
or the holder of the said mortgage with
out notice. That said mortgage also
provides that in case of foreclosure the
said mortgagors would paw reasonable
attorneys fee in said action That said
mortgage also provides that all money
paid by the mortgage for taxes shall be
secured thereby and be colectible with
the principal note.
That plaintiff claims the sum Of $500
as attorneys fees herein and asks for
judgment for fRe--b r+aeipsl sum Of $e6 90
and for $50 50 pdid for taxes and for
the $75 90 attorneys fees and for the
costs of this action.
That the complaint has been filed
against the said defendants herein in
the above action and copy thereof is
hereto attached and made part hereof
That the premises conveyed by said
mortgage may he sold, and the proceeds
thereof applied to the payment of the
sum so due to the said plaintiff, includ-
ing costs, accruing costs aud attorneys
fees, and in case such proceeds are not
sufficient to pay the same, that plain
tiff may have Judgment for such de
ficiency and execution issue therefor;
that the said defendants and all ,persons
claiming by, through or under them may
be barred and forcosrd oiaIIihlr, right,
claim, lein, equity Of redemption and
interestin and TO said morgaged premises
and for such other and further relief as
may be just and equitable