Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1917-06-21

WOEl0- June Il. 1871
In the District Court of Trego County Kan
Emma A Colescott. Plaintiff.
Charles w. Smelling: verna Smell
ing. Sarah E. Berrie; Merton M.
Berrie: Mrs. Merton M. Berrie;
Elmer c. Berrie: Mrs. Elmer c.
8err1e; n iIene Bs T;,h E 6 ha
ter. minor: Louis R. Foster.
minor; Edward H. Foster. as
tates of said Wiiber B. and Lou
is r Foster; Edward b. Foster:
partners formerly doing bust No. 1875
ness at Topeka. Kansas. under
the firm name and style of r. g.
Martin & Co.. if living. but if
dead. then their respective
heirs. executors. administrators.
the Alpha DEVELOPMENT Compa-
ny. of Topeka. Kansas. if part
nership, and the members there
their respective heirs, execu-
tors administrators. devisees.
trustees and assigns, but IL
corporation then as such cor
poration and if dissolved. then
its unknown successors. trust
ees and assigns. Defendants.
The State of Kansas:
M Berrie. Mrs. Merton M. Berrie.' Irene Ber-
RE Eckhoff. Henry EckhoH. WILDER B. Fes-
ter. Louis r. Foster. Edward H. Foster: Ed
ward H Foster as guardian of the persons
and estates of minor defendants. WILDER B.
and Louis r. Foster; Frank BraSier. form
erly member of the firm of r. g. Martin g.
Co.. the Alpha Development Company as a
partnership. and the members thereof. and
if said Frank BraSier. and the members OF
said Alpha Development Company part
nerShip. or any of them be dead. then the
respective unknown heirs, executors. ad-
illustrators. deviSeeS. trustees and. assigns
of such as may be dead; the Alpha Develop
ment Company. as corporation and if dis
solved its unknown successors, trustees and
assigns:
You and each of you are hereby notified
that you have been sued in said court in the
April 10. 1917. filed her petition therein. and
that each; of you must answer said petition
same win be taken as true. and judgment as
therein PRAYED for will be rendered in favor
of plaintiff and against each and ali of you
defendants foreclosiHg a. certain mortgage
made. executed and delivered TO plaintiff
by defendants, Charles W Smelling and Yer,
lands and tenementS. situate in said Trego
county. Kansas, to-wit
township eleven 0D south in range twenty
an. which mortgage appears Of record in the
office of the register of deeds of said Trego
page 1874. and was given to secure the pay
ment of a certain promissory note or bond
plaintiff on said March 1, 1870 upon which
there remained due and unpaid at the time
of OF the fling OF said petition the sum OF OF
ten per cent per annum from September l.
1915 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-
payment of said mortgage Indebtedness. in
terest thereon as aforesaid. costs of suit,
aCCruing costs and taxes, and barring and
forecloSing all defendants. after the sale of
said premises from all right title. interest
and estate therein, except such
equity of redemption may be allowed by
the court and quieting title against any
right. title or interest which you or any of
you defendants may have or claim in lid
lands~and tenements by virtue of certain
lease thereon, made. executed and delivered
by one Charles w. Lott and Annie NJ. Lott.
his wife. about May 8, 1901. to R. G.
Mo- and L Ter n m q
of R. G. Martin & Co, and which lease was
thereafter assigned by said R. G. Martin &
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
to which plaintiff may be entitled
Dated at Wa-Keeney, Kansas. June 20, 1917
BEARDSLEY & OSTRUM
Attorneys for Plaintiff
Attest: w. j. Williams,
(Seall Clerk of the District Court