Deming graphic. (Deming, N.M.) 1903-1948, 1912-09-20

PUBLIC NOTICE Is HEREBY GIVEN,
That, whereas, in the district court Of
sixth Judicial district OF the State OF
New Mexico, within and for the county
of Luna in an action then pending IN
said court wherein Anthony j. Clark
was plaintiff and Mary 5. Smith and
Santa Cruz Smith We're defendants, the
samebeing No. 2sS upon the civil docket
of said court. for the foreclosure Of
mortgage dated the 18th day of No
vember, 1905, executed By said defend
ants, Mary c. Smith and Santa Cruz
Smith and conveying TO the said plaintiff
the property hereinafter described, to
secure the payment of certain promi-
sorry note Of the said defendants, Mary
c. Smith, and Santa Cruz Smith, which
said mortgage is recorded in the Office
of the county clerk and ex officio record.
er Of said county of Luna. in book !. Of
mortgage deeds. at page "a. records Of
said county of Luna. the said court did,
on the 18th day of March. 1912. render
its judgement. order and decree,
which was thereafter duly filed and en-
tered of record in said court, that there
was then due and owing from the de-
PENDANTS, Mary c. Smith and Santa
Cruz Smith, to the plaintiff, as princi-
pal and interest upon said promsory
note. Nine hundred and five and s7-lOO
dollars 1906. 81, ) and that said plaintiff,
Anthony J. Clark. have and recover
from the said defendants. Mary {.
Smith and Santa Cruz Smith. the said
sum of Nine hundred and FIVE and S7-l0O
dollars 1906. 81. with interest at the
rate of Eight per cent. 50 per annum,
from the date of said judgement; and
that said plaintiff recover from the de-
PENDANTS, Mary {. Smith and Santa
Cruz Smith. the further sum of Ninety
dollars 1890. 0O) attorneys fees and his
costs in said action: that all of the mort
gagged property in said decree. and as
hereinafter described. or so much there
of as may b. sufficient To pay the
amount of said judgement, together
with all costs of said sale and which
may be- sold separately. without mate
rial injury TO the parties interested, be-
sold by the undersigned sheriff of Luna
county. who was in and by said decree.
appointed special master TO direct and
conduct said sale at public auction to
the highest and best bidder for cash in
hand. at any time after Ninety 1901
DAYS from the date of said decree. un
less previous to such sale the property
and judgement should have been r..
deemed in the manner provided by law.
by the payment of such judgement,
costs and interests thereon and all sub.
sequent costs incurred thereon: that in
default of such payment within said pc
riod of Ninety 1907 days from the date
of said decree that the sale of said prop
prty should proceed and that upon the
confirmation of said sale by the said
district court the said defendants, Mary
C.. Smith and Santa Cruz Smith. and all
persons claiming under them. or either
of them subsequent 10 the time OF the
filing and recording of said mortgage
should be- barred of all claim, right or
equity of redemption therein after nine
90 months from the date of approval
of said sale; the proceeds of said sale TO
be- applied TO the payment of the various
amounts adJudged and awarded to the
plaintiff and to the costs of suit and of
the sale, as particularly provided in
said drecree; and
Whereas. neither of the defendants.
nor any one for them has paid off the
decree, nor any part thereof, and the
said Ninety 800 days since the date of
the decree have elapsed and the de-
PENDANTS have made default in making
such payment, Now, therefore.
Notice is hereby given. That !. ID. Il.
Stephens. sheriff Of Luna county. New
Mexico, special master as aforesaid.
will. on Wednesday the 18th day of Sep.
TENDER, 1912. al the hour Of 1000 o clock
in the forenoon of said day. offer for
sale and sell AT the front door Of the
Luna county court house, in the Village
of Dcmng, IN the county of Luna. New
Mexico, at public auction to the highest
and best bidder for cash in hand. all of
the hereinafter described real estate.
premises and property, situated and be-
ing IN the county Of Luna. New Mexico.
to-wit. All of those certain lots of land
known as lots numbered One %. Two
~, Three 90, Four ca. Five (5D. and
Six 60 IN block numbered Fourteen l4)
of the South addition to the Village of
Deming, Luna county, New Mexico.
being the same property conveyed by
|. NJ. Proctor and Carry Proctor to
James T. Byron on the 18th day of No
yember, 1854. and by Kate f.. Byron
and Ralph Byron. heirs of said James
7. Byron on the 2nd day of October.
1903 conveyed to Mary {. Smith. to-
gether with all and singular the tene-
ments, heredtaments and appurtenan-
ces thereunto belonging or in any wise
and the rents, issues and
the profits thereof and all the right, H.
tie, interest and estate of said defend
ants, Mary c. Smith and Santa Cruz
Smith their heirs. executors. admins
traitors. or assigns. Of. in and to the
above described premises.
Dated this 18th day Of August, A. d.,
1872
ID. h. STEPHENS,
Sheriff aud Special Master.