Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1917-06-28

Emma A. Colescott. Plaintiff
Charles w Smelling: verna Smell
ing; Sarah E. Berrie; Merton M.
Berrie: Mrs. Merton M. Berrie:l
Elmer C. Berrie: Mrs. Elmer g.
Berrie; Irene Berrie Eckhoff:
Henry Eckhoff: WILDER B. Eos.
ter. a minor: Louis r Foster. a
guardian of the persons and es-
tates of said WILDER B. and Lou -
is 3. Foster: Edward H Foster:
pzfsners formerly doing bust No. 1915
ness at Topeka. Kansas. under
the Arm name and style of R. G;
Martin 4 Co.. if living but If
heirs. e1eeutors. adminissT1or s
devisees. trustees and assigns:
the alpha Devslopment. compa-
nership. and the members there
Of IT swing but il dead. then
tors. administrators. devisees.
trustees and assigns. but if a
poration. and if dissolved. then
its unknown successors. trust
ees and assigns. Defendants.
The State of Kansas:
To defendants. Sarah E. "Berrie. Merton
RE Eckhoff. Henry Eckhoff. Wilher b. Fos-
ter. Louis R Foster. Edward r Foster. Ed
and estates of minor defendants. wilber B.
and Louis R. Foster, Frank Brasier. form
Co.. the Alpha DEVELOPMENT Company as a
partnseTship; and the, members thereof and ID
said Alpha Development Company as part
nershipi or any OF them be dead. then the
ministrators. deyisees trustees and assigns
of such as may be dead: the Alpha Develop
meat Company. as a corporation, and If dis
solved, its unknown successors, trustees and
assigns:
thatyou have been sued in said court in the
above entitled action by plaintiff who: on
on or before Thursday. August 2. 1917. or the
,xxf11 n fak fY-1ro ind emf
therein PRAYED for will be rendered in favor
of plaintiff and against each and all of you
defendants fOreClOsing a certain mortgage.
made. executed and delivered 10 plaintiff
by defendants. Charles w. Smelling and Yer
ma Smelling, upon the following described
lands and tenemeuts. situate in said Trego
county, Kansas. to-wit:
one t2D. west of the sixth principal meridi-
ONCE ON Of the register Of deeds of said Trego
county. Kansas. in Mortgage Record 20" at
page. 1874, and was given to secure the pay
ment of a certain promissory note or bond
made by said defendants; Smelling, to
plaintiff on said March /, 1910, upon which
there remained due and unpaid at the time
of the filing of said petition the sum OF
1878 IS, with interest thereon at the rate OF
ten per cent per annum from September
1916 and tor which amount plaintiff will ia Ike
judgment against all said defendants if they
fail to answer, and for the sale of said lands
and tenements according to law and to ap
ply the proceeds arising therefrom to the
payment of said mortgage Indebtedness, in
tereSt thereon aforesaid costs of suit
foreclosing all defendants, after the sale OF
said premises from all right. title. interest
property and estate therein, except such
equity of redemption as may be allowed by
the court; and quoting title as against any
right, title or interest which you or any OF
you defendants may have or claim in said
lands and tenements by virtue of certain
lease thereon, made. executed and delivered
by one Charles w Lott and Annie M Lott
his wife. on about May 8. 1901, 10 R. G.,
Martin and Prank BraSier. under the name
of R. G. Martin & Co.. and which lease was
thereafter assigned by said r. G. Martin s
Co to the Alpha Development Company
which lease and assignment thereof appears
of record in the office of said register OF
deeds in Miscellaneous Record b. at pages
PIT and 27s. and barring and excluding you
and each of you from any and all right. title
or interest which you or any of you may
claim in said lands and tenementS by reason
of said lease or otherwise, and cancelling
the SAME. and for such other relief in the
premises to which plaintiff may be entitled
Dated at Wa-Keeney. Kansas. June 20. 1917
BEARDSLEY & OSTRUM.
Attorneys for Plaintiff.
Attest: w. j. Williams.
ISealI Clerk of the District Court.