Cañon City record., 1911-01-19

County oil Fremont,
In the District Court
David Ringle,
Plaintiff,
Albert Morrison, )SUMMONS.
NJ j Evans and)
Bertha E. 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 above-named plaintiff in the Dis
trict Court of Fremont county. State
of Colorado, and answer the COM
plant therein within twenty l2O) days
after the service hereof If you are
served within this county; If served
out of this county. or by publication,
within thirty 800 days after service
hereof exclusive of the day of service,
or Judgment by default will be taken
against you according to the prayer
of the complaint If copy of the COM
plant be not served upon you here
with, or If service hereof be made out
of the State OF Colorado. ten (1O) days
additional time after that above speci-
fed shall be allowed for your appear
ance and answer in said action.
This is an action brought TO recover
the following Judgment:
lst. Against the said defendants
Albert Morrison. NJ. ]. Evans and
Bertha E. Combs, Jointly and several
ly. for the principal sum of twenty
two hundred dollars ($2200.OO), and
for interest thereon at the rate or
eight (S) per cent per annum from
September 18th, 1909, until paid, or
until Judgment shall be entered here
in, being the balance due on certain
promissory note made, executed and
delivered by the defendant Albert
Morrison to the plaintiff herein. bear
ing date September 18th, 1904, for the
sum of twenty-five hundred dollars
fs220O.O .O0). with interest payable semi
annually from date until paid, at the
rate of eight (S) per cent per annum,
interest having been paid thereon un-
til September 18th, 1903; and further
for a reasonable attorneys fee under
the clause in the mortgage hereinafter
mentioned, providing for reasonable
attorneys fee in case OF foreclosure,
and also to recover the costs OF TINS
action.
2nd. Against all of the defendants
herein for the foreclosure OF GER
tain mortgage made, executed and
delivered to the said plaintiff by
the said defendant Albert Morrison
on the 18th day of September. A D.,
1904, to secure the payment OF the
said note upon the following de-
scribed pre- misses situated In the
county OF Fremont and state OF Colo
rado, to-wit: Lot numbered ten tl0)
in block numbered twenty-five ts5)
in the town (now city) OF Canon City,
according to the recorded plat OF said
city as appears in the plat book IN
a. xf he clerk and re-
corder OF Fremont county, which said
mortgage further provides as follows:
And in case suit is brought to fore
close this mortgage the said party OF
the FIRST part for himself. his heirs,
executors administrators and assigns,
agrees to pay a reasonable attorneys
fee therefor, which is to be included In
spch Judgment or decree, ana which
said note and mortgage said defend
ant NJ J. Evans in certain warranty
deed conveying the above-described
property made, executed and denver
ed by the defendant Albert Morrison
IN the defendant NJ. j. Evans on the
End day OF July. A. d. 1906, assumed
and agreed to pay, and which said
note and mortgage said defendant
Bertha f. Combs in a certain war
ranty deed conveying the above-de-
scribed property made, executed and
delivered by the defendant NJ. j.
Evans 10 the defendant Bertha K.
Combs on the 18th day of January. A.
D. 1909. assumed and agreed to pay
and that all right. title, interest,
claim and demand of equity and re-
demption whatsoever. OF said defend
ant herein, and of each and every OF
them. in and to the premises and
property described in said mortgage
and in and to each and every part
thereof, be foreclosed and forever
barred; that the court. by its judg-
ment herein, will order that said
premises and property. aud every part
therof, or so much thereof as shall be
necessary for the full payment of the
amount of said Judgment. including
interest. attorneys fees and costs,
and costs OF advertising and sale. be
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 and 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 that the proceeds OF
such sale be applied to the payment
of the costs and expenses of advertise
ment and sale, and Of the costs OF this
action. including two hundred and
fifty dollars (s25o.00 as attorneys
fees, and to the payment of the judg-
ment herein in favor Of said plaintiff.
with interest as aforesaid. and that II
there be any surplus after making