Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1912-12-21
DECREE OF FORECLOSURE AND
ORDER OF SALE.

| OKDEK Or oALE
| This cause came on regularly to be heard in
| open court the Goth day of July, 1912, c. f.
Mack Of the ,,i firm OF Mack Green HeeT'
| and Henry |. Moore, OF the firm OF Moore X
| Miller appearing for defendant; whereupon
evidence both oral and documentary was m
troduced the part OF the plaintiff and on
the part of the defendant, and the same hav-
ing been duly considered by the court, and
the court being fully advised in the premises,
and the attorneys appearing in court on the
5th day of October, 1912, and conserving and
STIMULATING that decree OF foreclosure might
be entered herein in favor OF the plaintiff and
against the defendant for the sum OF two thous-
and ($2,000) dollars, principal, and the fur-
ther sum OF one hundred dollars and 10
100 (Sl03l0) dollars costs OF suit, tthe sum
suit having been paid by defendant to plant
if before the entry of this decree OF fore
closure, leaving balance due plaintiff from
defendant costs OF suit of one hundred
three and l0-100 ($l03,l0) dollars) and IT APP
pearing therefrom to the satisfaction OF the
court:
That Lyon County Bank, is corporation
organized and existing under and by virtue OF
the laws of the State of Nevada, and the
Smith Valley Land Company is corporation
duly organized and existing under and by
virtue of the laws of the State OF Nevada,
That the above-named defendant has been
duly and regularly summoned to appear and
answer the plaintiffs complaint herein, and
made answer thereto and produced witnesses
and introduced evidence on the part OF de
PENDANT.
That on or about the 5th day of April. 1912,
the plaintiff herein caused to be filed and re-
corded in the Office OF the County Recorder
OF the couny of Lyon, State of Nevada, a
notice of the pendancy OF this suit contain
ing the names OF the parties thereto and the
description OF the property effected thereby,
to wit: the personal property hereinafter de
scribed,
That there is now due and owing to the
plaintiff, Lyon County Bank, corporation.
from defendant, Smith Valley Land Company,
a corporation, upon the promsory note and
for moneys expended under the terms OF said
mortgage, the OF two thousand dollars,
lawful money of the United States, and that
the defendant, the Smith Valley Land Com
pany. a corporation, is personally liable for the
whole amount thereof; that there is also due
plaintiff from defendant Sl05.l0, costs and
necessary Endorsements,
That the said OF two thousand dollars
and the further sum OF sl0Sl0, making in all
S2,103.10 in lawful money as aforesaid. is
valid lien upon the personal property de
scrbed in plaintiffs complaint, and herein
after set forth and described, and is secured
by the mortgage mentioned in said complaint,
VI
That each and all OF the terms and condt
ions OF said mortgage have been broken by
said defendant, Smith Valley Land Company,
a corporation. ana tIlat pidliitiH u cillltu 10
have said mortgage enforced and foreclosed.
and the personal property hereinafter set forth
and described, sold in the manner prescribed
by law and the proceeds arising from such
sale applied to and upon the payment OF said
money so due as AFORESAID
That each and all of the allegations and
averments in plaintiffs complaint contained
are true and correct.
NOW THEREFORE. on motion OF c. F..
Mack, one OF the attorneys for plaintiff;
raaA hat all aRd-
guar the mortgaged property mentioned IN
said complaint and hereinafter described, or so
much thereof as may be sufficient to RAISE
the amount due to the plaintiff Tor the princl- |
pal and interest and costs OF this suit and ex.
penses OF sale, which may be sold separately
and without material injury to the parties
interested to be sold at public auction by the
Sheriff of Lyon county, Nevada, in the manner
prescribed by law and according TO the prac-
tice of this court. That the Sheriff on the
making of the said sale execute to the purchas
er or purchasers Of said mortgaged property
bill of sale therefor. and that the said Sheriff,
out of proceeds OF said sale retain his ices,
disbursements and commission on said sale
and pay to the plaintiff OF its attorneys out
OF the proceeds the sum OF Sl03.lO costs OF
suit, and also pay to the plaintiff the further
sum Of two thousand dollars the amount so
found due aforesaid together with interest
thereon at the rate OF ten per cent per annum
from the date OF this decree, all in lawful
money of the United States, so much
thereof the said proceeds OF the sale VIII
paw OF the same.
That the defendant Smith Valley Land
Company, a corporation, and all persons claim
ing or to claim from or under said corporation
defendant. and all persons having liens sub
sequent to said mortgage by Judgment or de-
cree upon the property described in said mort.
gage and his personal representatives and all
persons having lien claim by under
such subsequent judgement or decree, and
their heirs personal representatives, and all
persons claiming to have acquired any estate
or interest in said premises subsequent to the
filing OF said notice OF the pendency OF this
action with the Recorder as aforesaid be for.
ever barred and foreclosed OF and from all
equity of redemption and claim OF, in and TO
said mortgaged property, and every part and
bill of sale thereof. from and after the delivery
OF said Sheriffs bill of sale.
1t is further adjudged and decreed that the
purchaser or purchasers OF said mortgaged
property at such sale be let into immediate
possession thereof, and that any of the parties
to this action who may be in possession OF
said personal property, any part thereof
and any person who since the commencement
OF the action has come into possession Of said
property, deliver possession thereto unto pur.
chaser purchasers upon the production OF
the Sherff's bill OF sale for said mortgaged
property, any part thereof.
Ii is further adjudged and decreed that il
al. az all hall he in