The Delta independent., 1912-11-22
Summons.
State of Colorado,
County of Delta. IS

IN THE COUNTY COURT.
The Colorado State Bank, a Cor
poration, Plaintiff, VS.. Presley K
Fisher, A. A. McElhaney, E. E. Nc
Elhaney John Forrest and The Delta
Land Company, a Corporation, Defen-
dants.-SUMMONS.
The People Of the State Of Colorado:
To Presley K Fisher, A. A. Nc
Elhaney, E. E. McElhaney, John For
rest and The Delta Land Company, a
Corporation, the defendants above
named, GREETING:
You are hereby required to appear
in an action brought against you by
the above named plaintiff in the Coun-
ty Court of Delta County. State of
Colorado, and answer the complaint
therein within twenty days after tie
service hereof, is served within this
County; or. if served out ef this Coun-
ty, or by publication, within thirty
days after the service hereof exclusive
of the day of service; or judgment by
by default will be taken against you
according to the prayer of the COM
plant. And if copy of the complaint
in the above entitled action be not
served with this summons, or if the
service hereof be made out of this
State, then ten days additional to
the time hereinbefore specified for ap-
pearance and answer will be allowed
before the taking of judgment by de-
fault as aforesaid.
Said action is brought to foreclose
certain mortgage deed made, executed
and delivered by defendant Presley X.
Fisher to The Delta Land Company, to
secure a certain note in the sum of
one thousand dollars. dated October 8,
1908 due on or before January 1st.
1910, with interest at eight per cent
per annum from date until paid. on
which said note interest was paid to
January 1st, 1910. together with the
sum of S30S.47, paid November 20.
1908, which said note was secured by
mortgage deed. dated October 9Th.
1908, conveying TO secure said note,
and a companion note of 500, of even
date Herewith. due on or before Octo-
ber 6, 1913. the following described
premises. situate in said Delta Coun-
ty, Colorado. to-wit:
The South ten acres of the East
twenty acres and the West five acres
of the North ten acres of the East
twenty acres of lot two, Section eleven
I'D Township fifty-one \. of Range
IL West of the New Mexico Meridian,
containing 10 acres, more or less. and
to recover personal judgment against
Presley X Fisher. The Delta Land
Company, A A McElhaney and
E E. McElhaney which last two nam
ed defendants by accepting deed of
conveyance to them of said premises,
assumed in writing. to pay all of said
Indebtedness. with interest from Janu
ary 1st, 1910, and for costs of suit.
And after said premises have been
sold on foreclosure to have Judgment
for the deficiency. if any, against said
defendants. Presley X. Fisher, A. A.
McElhaney, The Delta Land Company
and E. E. McElhaney and to bar and
foreclose all right, title and interest of
each and all of said defendants in and
to said premises. and for such other
and further relief to which plaintiff
may be entitled as will more fully ap-I
pear from the complaint in said action
to which reference is here made. A
copy of which is hereto attached.
And you are hereby notified that il
you fail to appear. and to answer the
said complaint as above required, the
said plaintiff will have your default
entered by the clerk and apply to the
court for the relief therein prayed
for.
Given under my hand and seal. as
attorney for Plaintiff. at my office in
Delta. in said County, this 29th day of
October, A. d. 1912
(seaD MILLARD FAIRLAMB.
Attorney for Plaintiff.