Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1912-12-28
DECREE OF FORECLOSURE AND
ORDER OF SALE.


This cause came on regularly to be heard in
open court the 10Th day of July, l9l2, I. y.
Mack, OF the firm of Mack, Green X Heer,
and n w. Willis appearing for the piantii,
and Henry |. Moore OF the hrm OF Moore
Miller appearing for defendant; whereupon
evidence both oral and documentary was in
troduced on the part OF the plalntlh 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,
aud 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 t$2.000) dollars, principal, and the inT-
Their of one hundred dollars and 10
100 (Sl03.10) dollars costs OF suit, (the sum
OF one thousand dollars OF the costs OF SAID
suit having been paid by defendant to plant
if before the entry of thus decree OF tore
closure. leaving balance due plaintiff from
defendant on costs OF suit of one hundred
three and l0-l00 tS105l0) dolars), 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 peudancy of this suit contain
ing the names OF the parties thereto and the
object thereof, and also a true and correct
description of the property effected thereby,
to wit: the personal property hereinafter de
scribed,
That there is now due and owing 20 the
plaintiff. Lyon County Bank, corporation,
from defendant, Smith Valley Land Company,
a corporation, upon the promisory note aud
for moneys expended under the terms OF said
mortgage the sum 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 iof the
whole amount thereof that there - also due
plaintiff from defendant Sl03.l0. costs and
necessary dbursements.
That the said sum OF two thousand dollars
and the further of Si03.l0 making IN an
S2l03.10 in lawful money as Aforesaid, IS a
valid lien upon the personal property &c
scribed 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 eondtt
ions Of said mortgage have been broken by
said defendant, Smith Valley Land Company,
a corporation, and that plaiuth Is enttltd 70
have said mortgage enforced and ioreciosed,
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 aioTIeII91id'
That each and all OF the allegations and
avermepts in plaintiffs complaint contained
" NOW THEREFORE. on motion Of G L.
Mack. one of the attorneys for plaintiff;
II is adjudged and decreed that all and SIN
gular the mortgaged property mentioned ~
said complaint and hereinafter Described or SO
much thereof as may be suhcicnt TO ralse
the amount due 10 the plaintiff for the prnci-
pal and interest and costs Of this sut and eN-
penses OF sale which may be sold separately
and without material injury to the parties
interested TO be sold at public auction nv the
Sheriff Of Lyon county Nevada, IN the manner
prescribed by law and according, to the pr2c
tice Of this court. That the Sheriff on the
making OF the said sale execute 70 the pnrchas-
cr or purchasers Of said mortgaged properly
a bill of sale therefor, and that the SAID Sherif
out OF proceeds OF said sale retain his tees
disbursements and commission on SAID sue
and pay to the plaintiff or its attorneys out
Of the proceeds the sum Of Sl03lu cQrts, OF
suit. and also pay to the platutth the iufthef
sum Of two thousand dollars, the amount so
found due as aforesaid together with interest
thereon at the rate OF ten per cent per annui',
from the date Of this decree, all ~ lawful
money OF the United States or so much
thereof as the said proceeds OF the sale ~"
pav Of the same. 90
Company. a corporation, and all persons clam
ing or to claim from or under SAID corporation
defendant. and all persons having hens SUB
seouent TO said mortgage by judgment or de
cree upon the property described IN sad mort
gage, and his personal representatives ana an
persons having a lien or claim by or under
such subsequent Judgement or decree am,
their heirs or personal representatives, ana an
persons claiming to have acquired any estate
or interest in said premises SUBSEQUENT 70 ihe
filing OF said notice Of the pendency OF TINS
action with the Recorder, as aforesaid be Tor,
ever barred and foreclosed OF and from al
equity of redemption and clam OIL IN ana 20
said mortgaged property, ana every p3t, az"
hill Of sale thereof from and after the delivery
OF said Sheriffs bill of sale,
1t is further adiudged and deereed that nc
purchaser or purchasers OF SAID mortgageu
nropetrv al such sale be let into immediate
possession thereof. and that any OF the parties
to this action who may be IN possession o.
| said personal property, or any part theteol
I and any person who since the commencement
4 Of the action has come into possession oil sad
/ property. deliver possession thereto uuio pn'
/ chaser or purchasers upon the production 81
/ the Shern's bill of sale Tor sad mortgageu
property, any part thereof.
| 1t is further adiudged and decreed that =
/ sufficient to uay the amount so found due &c
/ the plaintiff as above stated with interest and
/ costs and expenses OF the sale as aforesaid. the
/ Sheriff shall spccifv the amount Of such dehc
/ iency and the balance due to the plaintiff
/ in his return Of said sale That on the coming
/ in and filing Of said return the clerk 81 saie
court docket judgment for the balance
I against the defendant Smith Valley Land Com
pany. a corporation, paying 20 the sad plant
| in the amount of such deficiency and ludg
ment with interest thereon at the rate Of ter
| Der cent per annum from the date Of said
last mentioned return and judgment, and that
| the plaintiff have execution therefor. Ihat tht
| personal property directed to be sold by this
1 decree is situated and being in the county 81
Lyon, State Of Nevada, and particularly de
! scribed as follows. to wit
Twenty (20) head Of work horses; one
barley crusher; one threshng machine; three
heavy wagons and freight wagon, all d
said property he1g situated upon and used in
connection with the land Of Smith Valley LAM
! COMPANY near Wellington Nevada.
Done in open Court this Sth dav Of October
1912 FRANK T. LANGAN
District Judge.
State of Nevada,
)ss