The Leon reporter. (Leon, Iowa) 1887-1930, 1915-01-07
Original Notice.
In the District Court of Iowa, in and
for Decatur County, Iowa.
January Term, 1915.
L. L. Simmons. Plaintiff,


January Term, 1915.
L. L. Simmons. Plaintiff,
vs..
Charles B. Gregory ct al,
Defendants.
To Charles B. Gregory, Freda e.
Gregory and ]. A. Miner:
You are hereby notified that the
petition of plaintiff in the above en-
titled cause is now on file in the Of
flee of the clerk of the district court
in which he claims from you judy
menu for fourteen thousand eighty
three and 75-100 ($14,O83.75) dol
lars, with interest at eight per cent,
per annum from and after Decem-
Der 18th, 1914, on a certain prom
issory note, executed and delivered
by Charles B. Gregory and Freda r..
Gregory to r. G. Sutton, and by him
assigned to this plaintiff; such note
being for $4,000, dated November
7th, 1912, and due on or before
March LIST, 1914; the said r. G. SUIT
ton having Endorsed the said note in
blank and thereby become liable for
it's payment, and the said defendant,
]. A. Miner, having assumed tbs pay
ment of said note in the deeu from
Charles B. Gregory and Freda D..
Gregory to her, the said J. A. Miner.
Plaintiff also asks against each
and all of the said defendants judg-
ment for three ($3) dollars, to ex-
pense of the abstract of title to bring
the foreclosure proceeding in this
cause; and plaintiff asks that such
Judgment for $14,083.75 and, also,
for SO, and all of the interest on
both judgments and the costs OF this
suit, which shall includ, a reason
able attorneys fee to be taxed IN
favor of plaintiffs attorney, shall be
decreed to be a lien on the follow
ing described real estate, situated in
Decatur county, Iowa:
East hclf dissection twenty-six 26) /,
and the north three-fourths (A), of
the west half of section twenty-five
(25), all in township seventy (7O),
range twenty-five (25), less part
used for school house purposes,
from and after November 7th, 1912;
and that said real estate be ordered
sold on special execution to satisfy
such judgments, interest, costs and
attorneys fees; and that certain
real estate mortgage given by Charles
B. Gregory and Freda E. Gregory TO
secure the note heretofore referred
to and describing the real estate here
tofore described be foreclosed
against each and all of the defend
ants, and that the equity of redemp-
ton of each and all of the defend
ants in the above described real es-
tate be barred, cut off, estopped and
held for naught. And. If said prop
erty be sold and not redeemed with
in one year from the date OF sale,
that the purchaser thereof, or his
assigns, be placed in possession there
of by the sheriff Of said county, and
that there issue out of the office OF
the clerk of said court a writ OF pos
session, directed to the said sheriff,
directing and commanding him to
put the purchaser thereof, or his as
signs, in possession of said premises
and to remove all persons therefrom.
Plaintiff also prays that. in the
event that he pay any of the princl-
pal sum of the mortgage due the
Iowa Loan & Trust Company, which
is q prior lien on the real estate
heretofore described, or the interest
thereon, or the taxes on said real
estate, or the insurance on said prem
Uses, he may report the same to the
clerk OF this court; and the amour
SO paid, together with eight per cent.
interest per annum, from and after
tie date of said payment, shall, by
reason of reporting tl.a same, be in
cluded in his claim against the de-
PENDANTS and be considered and con-
stitute part thereof; and that he be
entitled to recover judgment for the
said sum, and it is to be so stated in
the decree without any further or
other action upon his part, without
any other or further notice to these
defendants; and that said sum so re-
covered be charged as lien on SAID
premises; and that the said land
when sold be required to pay the
same as fully as though set out at
length in the petition and as fully as
though made part of said petition;
..ss1e said relief granted in favor of the
Z id payments so made being as full
jhd complete as the prayer of plain
lifts petition.
Plaintiff further prays that in the
Ievent that he is compelled to pay
either the principal to the Iowa Loan
& Trust Company, on it's mortgage
heretofore referred to, which is
balance Of $4,000 and interest, or,
interest, taxes, insurance, or, any of
the payments secured by said mort
gage, either before or after the de-
cree Of foreclosure, that he be allow
ed to report the sum SO paid to the
clerk Of This court. and that the same
be either included in the decree, or,
if made after the decree is entered,
the clerk enter upon the judgment
docket the amount so paid, and that
tho plaintiff shall recover such sums,
together with eight per cent. interest
from and after the date of such pay
ment; and that it be necessary for
the, person paying said judgment or
redeeming from said sale to pay the
amount SO reported, with interest
thereon, to satisfy said judgment or
redeem from said sale.
Plaintiff further prays that, during
the tendency OF this action and dur
ing the time allowed for redemption,
a receiver be appointed by the court,