The Delta independent., 1915-03-05

annum from November %, 1914, said
note being executed for valuable con-
sideration by defendant George A.
Hall to defendant William s. Hatha-
way and by said defendant Hathaway
duly assigned and transferred for
valuable consideration to this plain
tiff who is now the owner and holder
thereof; also for a decree of foreclos-
ure of that certain mortgage deed
executed as security for said pr0mis-
sorry note which said mortgage deed
was duly recorded in the office of the
County Clerk and Recorder of Delta
County, Colorado. on November 26.
1909. in Book 80 of Mortgages and
at page 1855 thereof. the reception
number being 46942 covering the fol-
lowing described property situate in
the county of Delta and State Of Colo
RADIO, towit:
That tract of land beginning at
point on the Center line of Section
thirty-five (35) Township fourteen
(14) South of Range ninety-three t93)
West Of the sixth (6) Principal Mer-
idian thirteen hundred and nine feet
(1309) South of the North quarter
Corner of said section. running thence
South along center line of Section.
nine hundred fifty-four and 2-1O feet
(954.2); thence East six hundred sew
enty-five and $40 feet (675.5): thence
North nine hundred sixty-four and
2-10 feet (964.2): thence Westerly six
hundred sixty-nine and $40 feet
(669.5) to the place of beginning. con-
tanning 14.s1 acres.
Said land being a portion of the
West half of the Northeast quarter of
teen, South of Range Ninety-three
West of the sixth Principal Meridian.
Together with fifteen n5) shares
of the Capital Stock of the Leroux
Ditch and Enlargement Company
(Series Al and an undivided one-third
C1-S) interest in the Reservoir known
and recorded as the Elk Wallow Res
ervoir Number One ~.
a copy of which said mortgage
deed is set out in haee verba in the
plaintiffs complaint.
This action is also brought to have
the interest OF defendants George A.
Hail. William S. Hathaway. Jessie
Pratt. w. B. Lutz and c. c. Hawkins
and each of them in and to said lands
and water rights declared subsequent
and subject to the plaintiffs said
mortgage and foreclosed of all inter
est in said property; and to have said
lands and water rights sold under a
decree of this court in the manner
and in the form provided by law for
the purpose of satisfying the amount
due on said promissory note and all
costs of this suit and costs of sale:
This action is also brought to Sc
cure the appointment of receiver
pendente lite to take immediate and
full possession of said premises and
all thereof and to receive the rents,
ISSUES anu profits tneTeOI anu--tO nave
the same applied in the payment of
the amount found due this plaintiff:
and for costs of this suit and for
other and further relief as will more
fully appear from the complaint in
said action to which reference is here
made: and the further sum of $4,000
attorneys fees: A copy of which is
hereto attached.
And you are hereby notified that if
you fail to appear. and to answer the
said complaint as above required, the
said plaintiff will apply for your de
fault and for judgment against you
as prayed for in said complaint.
Given under my hand and the seal
of said Court at my office at Delta
in said County this Sth day of Janu-
airy. A. D., 1915.
VIM. w. DINGMAN.
Judge and ex-officio Clerk.
tSEAL)
Erice S. Bobbitt, Attorney for
Plaintiff.
I