Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1922-12-28
SUMMONS
IN THE CIRCUIT COURT OF THE
STATE OF OREGON FOR LINCOLN
COUNTY.

SOON
L. W. Williams, plaintiff, VS.. De-
Witt c. Henry, ]. X. Weatherfo-d, Ivy
May Henry, Charles w. Smith and o.
Middlekauff, defendants.
To Dewitt c. Henry Ivy May Henry
and Charles w. Smith, defendants:
IN THE NAME OF THE STATE OF
OREGON: You and each of you are
hereby required to appear and answer
the amended complaint and answer
and cross complaint filed against you
in the above entitled suit on or before
the last date Of publication of this
summons, to-wit: January 11th, 1923,
and If you fail so to answer the plain
tiff and the defendant j. X. Weather
ford will apply to the above entitled
court for the relief demanded in the
said amended complaint and in the
said answer and cross complaint, to-.
wit: That plaintiff may have Judge.
ment against defendant Dewitt C. Hen.
ry In the sum Of S501 67, with interes,
at per cent per annum from Novem-
Der 25, 1916, $154.O4 with interest
thereon at per cent per annum from
November 25, 1916, and $4,000 attor-
neys' fees and his costs and disburse.
ments therein; and that defendant }.
X. Weatherford may have judgment
against defendant Dewitt c. Henry in
the sum OF SGo0.O0 with interest there
on at z per cent per annum from
April 26, 1913, and the further sum of
/ 100000 with interest thereon at the
rate of per cent per annum from
| April 26, 1913, and $4,000 attorneys
fees and his costs and disbursements
therein; that the mortgages executed
and delivered by said defendant De
Witt c. Henry to the plaintiff, record
ed in book 8, mortgage records of Lin
coin county Oregon, at page 357 there
OF, and in book 13, mortgage records Of
Lincoln county, Oregon. at page 2S6
thereof, to the defendant ]. K Weather
ford, upon property described as fol.
lows, to-wit:
The southwest quarter of the south
east quarter of section 27, and the
west half of the northeast quarter OF
section "a, in township 8 south, range
IL west of the Willamette Meridian
in Lincoln County, Oregon,
| be foreclosed and that said property
/ be sold in the manner and form pro
vided by law by the sheriff of Lin.
coin county, Oregon. that said sheriff
place the purchaser in the immediate
possession thereof and that the pro
Iceeds of said sale be applied:
First: To the payment of the costs
of said sale;
| Second: To the amount of judg-
ment in favor Of the plaintiff, includ-
ing principal and interest, taxes, attor-
neys' fees, costs and disbursements;
Third: To the amount of Judgment
in favor of the defendant J. X.
Weatherford, including interest, at
torneys' fees, costs and disburse-
ments;
Fourth: Ard the overplus, if any
there be, to the defendant Dewitt C.
Henry;
That said defendants Dewitt G..
Henry, Ivy May Henry, and Charles
w. Smith and each of them, and all
persons claiming by through, or und-
er them, be barred ana foreclosed
from all title and equity in said prem
ises, except only statutory right of re-
demption, and that plaintiff and said
defendant, J.K. Weatherford, may have
such further relief as to the court may
seem equitable
This summons is published in the
Lincoln County Leader" once a week
for six successive and consecutive
weeks, commencing with the issue of
November 30th, 1922, and ending with
the Issue Of January 18th, 1923, pur-
suant to the order of the Honorable
G. F. Skipworth, Judge of the Circuit
Court of the State Of Oregon for Lin
coin coin county, dated November oath,
Dated this oath day of November,
1922.
B. F. JONES,
Attorney for Plaintiff,
Postofficc address: Newport, Oregon.
McFADpEN & CLARKE,
Attorneys for defendant,
J. X Weatherford,
Postoffice address, Corvallis, Oregon
Date of first publication, Nov. 30, 1922.
Date OF last publication, Jan. II, 1928.