The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-08-09


LEGAL.
Published in The Topeka State journal,
August 8, 1851
In the District Court of the United States
for the District of Kansas,
First Division.
First Trust Company, Complainant.
versus
more Mary E. Gilmore, and the First
National Bank of Hiawatha, Kansas,
(IN EoUITY)
TO THE ABOVE NAMED DEFENDANT,
CHARLES KNABB:
You are hereby notified that action
has been commenced against you and Neils
Hansen, B. F. Gilmore, Mary E. Gilmore
and the First National Bank of Hiawatha,
Kansas by the First Trust Company,
complainant, in the District Court of the
First DIVISION that said action is suit in
and the other DEFENDANTS above named. to
foreclose a certain mortgage deed of
trust dated the goth day of November.
1 1' and flled Tor record and recorded In
Brown County, Kansas, on the Goth day
of November, 1913, in book lbs, page 271,
ct seq, of the records in said office, and
in the office of the Register of Deeds for
Trego County, Kansas, on the 9th day of
December, 1873 i'll book % on page 1919 ct
seq, in which said mortgage deed of
trust, you. as Srantor. among other prop
erty, conveyed to the First Trust Company
of st. Joseph, Missouri as trustee for the
and benefit of the following named
persons, tO-wit:
German American National Bank of st.
Joseph, Missouri.
First National Bank of Atchison, Kansas,
Walter w. Head,
o. A. Simmons.
First National Bank of Hiawatha, Kansas,
Hamlin State Bank of Hamlin, Kansas,
The First National Bank of Kansas City,
Missouri,
The First National Bank of Buchanan
County, st. Joseph, Mo,
Fruit Growers State Bank of Wathena,
HALEY National Bank of HALEY, Idaho,
S. F. Newton,
Alma g. Moore,
j.. A. Jonas,
Morrill, & James Bank of Hiawatha Kan
sas,
State Bank of A. Poulet, White Cloud,
First National Bank of Lewiston, Idaho,
Mrs. Emma Murphy,
&c. &. Wheelock,
Mary I. Leigh,
w f. & F. w. Brockhoff,
Frank c; Case,
Mrs. II. &. Edgerton,
for the purpose of securing certain in
debtedness then and there owing by you
to said parties, the following described
The northwest fractional quarter of sec
ton Z, in township 3. range 49, Brown
ton r. Township 3, range II. less two
section. belonging to school district No.
60, and the southwest quarter of section
6, and the northeast quarter of section
Brown County, state of Kansas, and the
southeast quarter of section 4, township
of Kansas; and other property;
and that in said cause of action, com
close said mortgage or deed of trust against
said lands and authorize it, the said com
ertT for 70 the sen purnos of sod
indebtedness secured by said deed of trust;
claimed by said complainant, the First
Trust Company, that a part of the real
estate herein above described and con-
veyed by you in said mortgage or deed of
trust above referred to, which said por
ton of said real estate is described as fol-
lows, towit:
Ali that part of the southwest quarter
of section g. in township 3. range is,
Island Railway Company, containing 125
acres more or less, in Brown County, Kan
had been sold by you to b. F. Gilmore,
named. under a contract. and that in said
mortgage or deed of trust executed by
you said 10th day of November, 1913,
First Trust Company in trust security
for the payment of the Indebtedness here
veyed, transferred and assigned the
of $4,000 and interest, representing the un-
b.
Gilmore and Mary E. Gilmore to you on
account of the purchase of said lands last
described, and that you ordered and di
rected the defendant herein, the First
National Bank of Hiawatha, Kansas, to
pay the complainant herein, First Trust
Company, said purchase money, where
upon the ssid First Trust Company, com
plainant herein, was to release and dis
charge said lands last above described,
from the operation of said mortgage or
deed Of trust so given to you; that said
First Trust company complainant herein.
not only seeks to foreclose the lien of
said mortgage or deed of trust of Nov.
Goth, 1913, upon all of the property therein
described, but also asks for an account
ing of the Indebtedness due each of said
deed of trust hereinbefore mentioned, and
dated the Goth day of November 1913,
Company, complainant herein. and also
asks to recover the sum of $1,000 for it's
of said trust created by the execution by
you of said mortgage. or deed of trust,
on said goth day of November, 1913. and
also asks the allowance of attorneys and
counselors' fees amounting to $1,000. and
also asks for an allowance in its favor of
the amounts paid by it for taxes, expenses
and otherwise, and also asks that the de-
PENDANTS herein. Il. F. Gilmore. and Mary
e. Gilmore, be directed to pay to said
ing unpaid the purchase price of said
lands hereinbefore described, which were
purchased by them under contract with
YOU and also asks that all writs of at
tachment issued out and judgments
covered by defendant, Neils Hansen,
against you and the liens thereby created
be decreed to be subsequent to said mort
gage or deed of trust dated November 20.
1913 and that unless you be and appear
az ab me niaed states for the distriet of Kan o
sas. First Division, to be holden at the
court room of said I'd court i21 an, in the city of
1915. and answer the complaint in said
cause, on or before said date, that then
said petition and complaint will be taken