The gazette-times. [volume] (Heppner, Or.) 1912-1925, 1916-04-13

named defenGants:
IN THE NAME OF THE STATE
OF OREGON, You are hereby sum
moned and required to appear and
answer the Plaintiffs complaint filed
against you in the above entitled
court and cause on or before six
weeks from the date of the first pub
lication of this Summons upon you;
and If you fail to so appear or an
swer, for want thereof, the plaintiff
viii apply to the court for the relief
prayed for in his complaint, namely
Fer a judgment against you, and
the defendant, Edgar B. Ayers, for
the following sums, to-wit The sum
Iof $4,000, with interest thereon
from the 18th day of February, 1915,
at the rate of eight per cent per
annum; the sum of S36.25, with in
terest thereon from the 14th day of
December, 1915, at the rate of eight
per cent per annum; the sum of
$114.67, with interest thereon from
the 23rd day of December, f915, at
the rate of six per cent per annum;
the sum of $1.O0, and the sum Of
sl25.00, attorneys fees, together
with the costs and disbursements in
Cured in this suit; and for a decree
that that certain Mechanics Lien,
made, executed and fled with the
County Clerk of Morrow County,
Oregon, by T. G. Denissee, on the
23rd day of December, 1915, and
thereafter, on the 25th day of Feb
ruary, 1916, for valuable consider
alton assigned by said T. G. Denissee,
to the plaintiff herein, which lien
was so made, executed and filed by
said T. G. Denissee, to secure the pay
ment of the sum of $114.67, for and
on account of labor performed upon,
and materials furnished by said T. G.
Denissee. to be used and which were
used at the instance and request Of
the defendant, Edgar B. Ayers, in the
alteration and repair of that certain
building known as the Star Theater,
situated upon the hereinafter de-
scribed real property be declared a
first lien upon said building; and that
the certain mortgage made and exc
cuted by you and the defendant, Ed
gar B. Ayers, to the plaintiff herein
on the 18th day of February, 1915,
on the following real property, to-
wit: Twenty-three feet of the North
side Of Lot Ten in Block four, or
iginal town of Heppner, Morrow
county, Oregon, and extending the
entire length of said Lot Ten, being
Twenty-three feet front on Main
Street, for the purpose of securing
the payment of the sum of $4,000,
with interest thereon from the 18th
day of February, 1915, at the rate of
eight per cent per annum, and the
sum of $36.25, the amount of in
surance paid by the plaintiff upon
said building, and secured by said
mortgage, with interest thereon from
the 14th day Of December, 1915. at
the rate of eight per cent per annum.
be declared a lien upon said real
property and said lien upon said
building, and said mortgage be fore
closed, and said building and real
property be sold under foreclosure
execution to satisfy said Judgment
and that the defendants. and each Of
them including yourself be forever
! barred and foreclosed from all right,
title and interest in or to SAID prem
'ses and every part thereof, save only
he statutory right of redemption,
and for such other and further relief
IS may be Just and equitable.
This summons is published pur-
suant to an order OF. Hon. Gilbert w.
Phelps, Judge Of the Circuit Court
for Morrow County, Oregon, made on
he 9Th day Of April, 1916. and the
date of first publication of this sum
mons is the 18th day of April 1916.
WELLS & NYS,
Attorneys for Plaintiff.