Durant weekly news. (Durant, Choctaw Nation, Indian Territory [Okla.]) 190?-1944, 1922-10-20

named plaintiff, in which it ia alleged
that on August 9th, 1920, j. L. Boxley
and Pauline Boxley executed and de-
ilvered to the plaintiff a certain
promlssory note in the sum Of
$525.0O. payable January 1st, 1921.
with interest at the rate of ten per
cent per annum from maturity, and
providing for the payment of a rea-
sonable attorney fee; and showing
that there was due on said note the
sum OF $580.42, with interest thereon
at the rate Of ten per cent per annum
from the 21st day of January, 1925.
until paid, and $500 attorney fees.
that being reasonable attorney fee:
and showing further that on the Same
date the said j. f. Boxley and Pauline
Boxley executed their certain promis-
sorry note in the sum of $525 90. nav.
able January 1st, 1929, with interest
thereon at the rate of ten per cent per
annum from maturity until paid. ana
providing for reasonable attorney
fee; and showing that there is now
due on said note the sum of S527,92.
with interest at the rate of ten per
cent per annum from January lat.
1929, until paid, and the further sum
of $52.79 attorney fees, that being q
reasonable attorney fee; and showing
further that on the said date, and as
q part and parcel Of the same trans
action, the said j. f. Boxley and
Pauline Becky executed, acknowledge
ed and delivered to the plaintiff their
certain real estate mortgage in writ
ing covering the following described
property, to-wit:
The NEh Of Section 90, Township
5 South, Range 10 East, of the Indian
Base and Meridian, in Bryan County.
Oklahoma;
that said mortgage was filed for
record in the office Of the County
Clerk of Bryan County, Oklahoma.
and is recorded in Book 35, at Page
635; that the said mortgage is sub
ject to a mortgage to the Travellers
Insurance Company for $7,5OO.OO: and
alleging further that the said mort
gage provided that IL default be made
In the payment Of the principal or in
terest, or any part thereof, as the
same became due, that the whole II
said debt should at once become due
and payable; and alleging further
that said mortgage provided for the
payment Of reasonable attorney fee,
and expressly waived appraisement
and all benefit Of the homestead, cx-
emption and stay laws of the State of
Oklahoma; and alleging further that
here was due on said two notes, in
,luding the sum of $3.50 which, plain
iff has expended for an extension Of
he abstract in the above matter, the
otal sum Of $1,116.84, with interest
It the rate of ten per cent per an
lum from January 21st, 1929, until
'aid. and the further sum of $1lO.83
Ittorney fees, which is secured by
aid mortgage; and alleging further
hat the plaintiff is the owner and
Iolder of said notes and mortgage;
nd alleging further that p. II. Box
ry, G. w. Smithart. II. G. Shelton,
AMOS X. Bass, NJ. NJ. Tuley, T. w.
Wiley and +. p. Scmplc are claiming
ONE right, title, interest or estate in
nd to the real estate covered by the
aid mortgage; and you, and each Of
ou, must answer the petition filed
herein by the plaintiff on or before
he 9th day of November, 1922, or
aid petition will be taken as true and
judgment for said plaintiff for
|, 1,l16.84, with interest thereon Mt the
ate Of ten per cent per annum from
anuary 2lst, 1929, until paid, and
he further sum Of Sl1O.S3 as attor-
cy fees, and n decree of the Court
king and establishing plaintiffs
lortgage as n first and prior lien
gainst the real estate above dcscrib-
d. subject only to a first mortgage
I favor of the Travellers Insurance
company for $7.5OOOO. and for nm or
er directing n sale Of said property,
,ithout appraiscmcnt, to satisfy the
mid judgment. interest, attorney fees,
nd costs. will be rendered.; and the
aid defendants. and each Of them,
'ill he barred and estoppcd from as
erting any interest, right, title or
state in and to said property superior
D the lien Of the plaintiff.
OF this you will take due notice
nd govern yourself accordingly.
LACY GRIMES,
County Clerk.