Cañon City record., 1911-02-16

Comfy OF Fremont.
In the Distric Court
David f'nfis; ffiiss;:nun.,
Albert Morrison, )sUNmoNS.
n ]. Evans and)
Bertha E Oombs)
rhe People OF the State offColorado TO
the DEFENDANTS above named.
GREETING:
You are hereby required TO appear
, In an action brought against you by
the above-named plaintiff IN the DIS
trtcs Court OF Fremont coanty. state
Of Colorado, and answer the COM
ulnfnt therein within twenty t2o) days
after the -ssrvice hereof II you are
served within this county: II served
out Of this county. or by publication.
within thirty t3o) days after service
hereof exclusive OF the day OF service.
OF Judgment by default VII be takenI
nesinst you according to the prayer
Of the complaint II a copy OF the cofr-
plaipt be not served upon you here
With. or II service hereof ne made out
Of the state Of Colorado. ten uo) days
Additional time after that nbove spccf-
oed shall be allowed for your appear
ance and answer In said action.
This in an action brought to recover
the following Judgment;
LAT krnfrst the said defendants
Albert Morrison. NJ J. Evans and
Bertha Z. Combs. jointly and several
Nv. for the principal sum Of twenty
two hundred dollars Cs1eoo-0ol. and
fer interest thereon at the rate OF
sight (s) per cent per annum from
September 18th. 1903, unth paia, OF
until Judgment shnll be entered mere
m being the balance due on certain
.nromi.sory note made. executed ana
delivered by the defendant Albert
Norrisop TO the plaintiff herein. bear
snv 6ase september 18th. 1904 for TIE
srr of tvcnty-two hundred dcifars
fes1oo oo,. with interest payable semi
snnuaIiy from dnte until paid. NJ the
rate of eight fsl per cent per annum.
interest having been paid thereon un-
m 0sptember 18th. 1903; and furtner
sor \ reasonable attorneys fee under
tbe clause in the mortgage hereinafter
rncntioped. providing for n reasonable
.ffornrv's fee In case OF foreclosure.
and also to recover the costa OF tnis
action.
,nd Against all of the defendants
herein for the foreclosure OF Ger
fnin mortgage made. executed Ano
A~lIvsred 20 the said piainun oy
fhe sald oefendnnt Albert Morrison
m the 18th day of September, A. u
1904. 10 secure the payment OF tne
said note upon the following oe
errtbed pre- mises situated IN ns
county OF Fremont and state Oh Ooio O.os
- Wit. Tot numbered ten t1o1
a. b,ock numbered twenty-five tz5t
tr the town NOV city, OF Canon city.
arrordtns 10 the recorded plat OF said
-i,x az appears In the plat book IN
the once OF the county clerk ana Fe
corder m Fremont county. which said
mortgaEe further provides as toilows'
and In case suit Is brought 70 iore
clo.e this mortgage the said party on
the nrst part for himself. his neirs,
executors. administrator ana assisns'
nxrees TO pay a reasonable auofhey
see therefor. which is TO be included IN
sueh Judgment or decree. and wnicn
.atd note and mortgage said defend
ant n. ]. Evans In certain warrahty
seed conyeyfng the above-descrfbed
nroperty made. executed and deliver
"a by the defendant Albert Morrfson
20 the defendant M. J. Evans on me
rud day of July. A. d. 1906. assumed
and agreed to pay. and which sMc
~pte and mortgage said defendant
Rcrtha r. Combs In certain war
rnnty deed conveying the aboye-de-
scrfbed property, made. executed and
A.sivered by the defendant NJ J.
Evans 10 the defendant Bertha T.
Cornbe on the 18th day OF January. A.
D. 1903, assumed and agreed 70 pay
and that all right. title. interest,",
claim and demand OF equity and re-
demption whatsoever. OF said deIcno.
ant herein, and OF zach and every OF
shsn, IN and TO the premises and
nroperty described IN said mortgage
ana In and to each and every part
thereof. be foreclosed and forever
barred: that the court. by its judg-
mert herein, will order that said
uremises and property. and every part
therof. or so much thereof as shall be
necessary for the full payment OF the
amount OF said Judgment, including
int vest. attorneys' foes ana cosss,
sold by the sheriff Of said Fremont
County under an order OF sale to be
issued by the clerk this Court. un-
der the seal OF said Court, and that
sale thereof shall be advertised and
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 md delivered by said
sheriff in accordance with the laws
OF said state OF Colorado In regard to
the sale OF real estate upon execution.
And that by its said Judgment said
court will direct Tint the proceeds OF
such sale be applied 10 the payment
OF the costs and expenses of ADVERTISE
nenf and sale. and Of the costs OF this
action. Including two hundred and
ofsy daIiars fezSooo) - attorneys'
fsss. ana 10 the payment Of the yudG-
iHent herein n sav0t cf entd piAintiff,