The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1915-09-30
ALIAS SUMMONS.

In the district court of the Second Judicial
district, State of Idaho, in and for the County
o. D. simmons. plaintiff,
VIM. Onthank, Samuel B. Onthank, II. M. Day
is, and j. K. W. Davis, cO-partners doing bus
mess under the firm name and style of Davis
Brothers, and Sam Frank, defendants.
The State of Idaho sends greeting to each of
the above named defendants:
You are hereby notified that there is on file
in this, the office of the Clerk of the District
Court of the Second Judicial District, State OF
Idaho, in and for the County of Lewis, the
complaint of the above named plaintiff
You are hereby directed to appear and ans
wer said complaint within twenty t20) days
within the district, and within forty t4O) days
il served elsewhere. and unless you so appear
and answer. the plaintiff will take judgment
against you prayed in the complaint.
THE above entitled action is brought to OBJ
tain decree to fOreciose in one action Two
certain mortgages executed and delivered by
the defendant, Nm. Onthank, to K. S. Friend
and the defendant, Samuel B Onthank, re-
spectiyely, on the 22nd day of August. 1913, and
the 18th day of September, 1913. respectively,
the following described property Lots eleven
tll) and twelve (l2), in BLOCK Four a. of Stu
It's Addition to the town OF kamiah, Lewis
county, Idaho, together with the tenements,
heriditaments and appurtenances thereunto
belonging, or in any wise appertaining, and
which said mortgages were on the 18th day OF
Novem Der, 1914, and the 18th day of June,
1914, respectively, duly assigned to D. d. Sim
mons, plaintiff herein, the second mortgage
executed on the 18th day of Septemb Der, 1913,
being junior mortgage on said property; to
have the said junior mortgage declared due
and collectible; TO have VIM. Onthank and
william E. Onthank adjudged to be one and
the same person; to have said senior mortgage
reformed as prayed in complaint herein; to
have it adjudged and decreed that the defend
ants Samuel b. Onthank. T. M. Davis and r.
W Davis, eo-partners, doing business under
the firm name and style OF Davis Brothers,
and Sam Frank, or either of them, have no
claim or lien on said mortgaged premises or
any part thereof, which is not subsequent and
subject to the lien of these mortgages; ard
that plaintiff have judgment against VIM.
Onthank for the principal sum of said mort
cages, interest thereon therein specified
from the dates of said instruments. for sl25.oo
attorney fees and costs of suit; that said de-
fendent, VIM. Onthank, be adjudged to pay
any deficiency that may remain after apply
ing all proceeds of sale OF said premises prop
erly applicable to the satisfaction of said judg-
ment; that Samuel b. Onthank be adjudged to
pay any deficiency that may remain after ap-
plying all the proceeds of sale of said premises
under said Junior mortgage, properly appli-
ca BILE thereto to the satisfaction of said judg-
ment; that the usual decree may be made for
proceeds applied in payment of tn amount
due said plaintiff; and that said defendants
and each of them and all persons claiming
under them or either of them subsequent to
and foreclosed of all right, claim or equity OF
in the said premises and every
part hereof; and for such other and further
relief as may seem proper to the Court.
Of the Second Judicial District, State of Idaho,
in and for Lewis County, this 9th day of Aug
nst 1915.
Seal J.B. White,
G. w. Greenough, Clerk.
ttorney for Plaintiff Postofice and
residence address, Cottonwood Idaho l35