The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1911-12-28

whose names are 10 plaintiff unknown, the un-
known heirs and unknown deysees Of the
said David L. Williams deceased, the grantor
in certain mortgage from David l.. Williams
and e. G. Williams to A. viele recorded in
Book Of Mortgages at page SOC Of the mort
gage records Of owyhee County, Idaho, James
A. Williams. Jesse NJ. Williams, John G VIII
liams, VIM. i. Williams, Andrew s. Williams,
Thomas T Williams, Joseph b. Williams,
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 or 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-
sive of the day Of service after the service on
you OF this summons, if served within this dis
trict or ifseryed out this district, within forty
days The said action is brought to obtain a
decree of this court for the foreclosure OF a GER
tain mortgage described in the complaint and
executed by the said e. C. Williams and David
L. Williams as niortgagors to A. viele as mort
gage, 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 Of
Sl06.57, note number Of said series being for
the sum of Sl057, Notes No to 10 inclusive
being for the sum Of s12 each; Note No be-
coming due Jan l, 1903, 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, f. c. Williams ana David L. viii
hains, now deceased on the 18th day. Of Feb
ruary 1908; 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. 9, due
January i 1911, pursuant TO the provisions Of
said 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 8, 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 duly acknow-
lodged and certified 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 at
page 5o6 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 pay when due
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 reason |
able attorneys fee in said action
That said mortgage also provides that all
money paid by the mortgagee for taxes shall be |
secured thereby and collectible 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 s395a 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 /
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, aceruing 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 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 fIdaho, this 18th day OF October
in the year Of our Lord one thousand uine hun.
bred and eleven.
(signed) J. S. ST CLAIR
SEAL Clerk
MeElroy q Wlnstead,
Attorneys for Plaintiff,
Residence, Boise, Idaho.
s-6t-First publication Nov %, 1911.