Deming graphic. (Deming, N.M.) 1903-1948, 1912-09-13


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 :. 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
vemher. 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-
sory 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-ofiicio 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 princl-
pal and interest upon said promlsory
note. Nine hundred and five and $1,000
dollars 1896. 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-lOO
dollars 1895 81, with interest at the
rate of Eight per cent. go per annum,
from the date Of said judgement; and
that said plaintiff recover from the de-
PENDANTS, MARY c. Smith and Santa
Cruz Smith. the further sum OF Ninety
dollars 1890. 00) 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 be sufficient to pay the
amount of said judgement, together
with all costs of said sale and which
NAV 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. al any time after Ninety (9O)
, DAYS from the date of said decree, un
less previous to such sale the property
and judgement should have been re-
deemed in the manner provided by law,
by the payment of such judgement.
costs and interests thereon and all SUBJ
seduent costs incurred thereon; that in
default of such payment within said PEE
Rod of Ninety 1901 days from the date
of said decree that the sale of said prop
r crty 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
j of them. subsequent To the time OF the
= filing and recording of said mortgage
should be barred Of all claim. right or
: equity of redemption therein after nine
q (gl months from the date of approval
. Of said sale: the proceeds of said sale tC
J. be- applied to the payment of the various
i amounts adjudged and awarded TO the
o plaintiff and to the costs of suit and oi
o the sale, as particularly provided il
said drecree; and
i Whereas. neither of the defendants
r nor any one for them has paid off tn,
decree, nor any part thereof, and tn,
., said Ninety 1901 days since the date o
VI the decree have elapsed and the de
PENDANTS have made default in making
such payment, Now. therefore,
Notice is hereby given. That |, ID. h
r Stephens. sheriff of Luna county, New
Mexico, special master AS aforesaid
= will. on Wednesday the 18th day of Sep
TENDER. 1912, at the hour of 1000 o CLOCK
ID in the forenoon of said day, offer fol
, sale and sell at the front door of tn,
Luna county court house, in the Nilag,
of Deming. in the county Of Luna, New
10 Mexico. AT public auction TO the highes
i. and best bidder for cash in hand, ali o
m the hereinafter described real estate
p. premises and property situated and be
% ing in the county Of Luna. New Mexico
IN to-wit: All OF those certain lots Of lam
2 known a. lots numbered One %, Tw'
\. (2), Three 90. Four "a, Five t5l, an,
r Six t6l in block numbered Fourteen "a
of the South addition TO the Village o
Deming. Luna county. New Mexico
:. being the same property conveyed b.
|. NJ. Proctor and Cary Proctor I
=. James 7. Byron Oh the 18th day of No
vember 1884, and by Kate +. Byro
=. and Ralph Byron. heirs of said Jane
=. Byron on the 2nd day of October
Y. 1903 conveyed to Mary {. Smith, tC
gether with all and singular the tene
r. ments, Entertainments and appurtenar
ces thereunto belonging or in any wis
= appertaning, and the rents, issues an
the profits thereof; and all the right, I
tie. interest and estate of said defent
,. ants. Mary c. Smith and Santa Cru
W Smith. their heirs. executors, admins
traitors, or assigns Of, in and to III
Oh above described premises.
y Dated this 10Th day of August. A. ID
ue 1912
OF ID. Il. STEPHENS.
up Sheriff and Special Maste
as aug3O-4w