Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1924-03-27
ALIAS SUMMONS

3. McCulloch, plaintiffs VS.. Sylves-
ter L. johnson and Mary L. Johnson.
defendants.
The State of Idaho Sends Greetings:
To the above named defendants:
You are hereby notified that COM
plant has been filed against you in
the District Court of the Tenth Judic-
iat District of the State of Idaho in
and for the county of Idaho, by the
above namtd plaintiff, and you are
hereby directed to appear and answer
the said complaint within twenty
days of the service of this summons
If served within said Judicial Dist
riot, and within forty days if served
elsewhere; and you are further no.
titled that unless yOu so appear and
answer said complaint within the
time herein specified, the plaintiffs
will take judgment against you as
prayed in said complaint.
This action is brought to obtain
Judgment and decree of this court
for the foreclosure of a certain mort
gage described in the complaint exc
cuted by Sylvester L. johnson and
Mary L. johnson to Geo. M. Reed,
dated October %, 1921 and recorded
in Book 80 of Mortgages, page 613 in
the office of the recorder of Idaho
county, Idaho, to secure the payment
of three certain promissOry notes for
the sum of $1,000 and $1,000 and $500
respectively. aggregating in all
$2500.00, made by the said defendants
Sylvester l.. Johnson and Mary l..
Johnson to Geo. NJ. Reed and each
payable October 2S, 1926. and provid-
ing for interest from the date thereof
until paid at the rate of seven and
One-half per cent per annum; and
also to secure interest notes made by
said Sylvester l.. johnson and Mary
L. johnson to said Geo. NJ. Reed for
the interest upon the said respective
notes, which interest notes are pay
able November list each year and are
for the amounts of interest accrued
on November list of each year and
provide for interest on the unpaid in
terest evidenced thereby at the rate
Of ten percent per annum after ma
turity thereof, and to secure all tax
es on the mOrtgaged premises paid by
holders of said mortgage; and no part
Of which notes or mortgage have ever
been paid, except interest to Novem-
Der 1, 1922; and which notes were
by the said Geo. NJ. Reed assigned to
the plaintiffs as follows: said note
of $1,000 No. 1, together with the notes
evidencing the interest thereon to the
plaintiff II. j. Wood; said note of
$1,000 No. 2, together with the notes
evidencing interest thereon to the
plaintiff Daisy B. McCulloch, and the
said note of $500, together with the
notes evidendng the interest thereon
to the plaintiff c. +. Bender, and
assignments of the said mortgage
having been also executed to them by
the said Geo. NJ. Reed of the respec-
tive interests in the said mortgage,
.wO-fifths to the said plaintiff Wood,
two-fifths to the said plaintiff Nc
Culloch and One-fifth to said plain
tiff Bender; which mortgage and not
es provided that in case any interest
Is not paid at maturity or if any tax
es shall remain unpaid and become
delinquent the whole of the said prin-
cipal and interest and all sums secur
ed by the said mortgage shall become
due and payable; :and plaintiffs have
elected to declare the whole of the
said sums due and payable for fail
ure to pay said interest due NOvem
Der 1. 1923 and taxes for the years
1920. 1921 and 1922 and on which
mortgage and notes there is now due
to the plaintiff III. ]. Wood the sum
of $1,000 with interest thereon at the
rate of seven and one-half per cent
per annum from Nov. 1, 1922 and in
terest on SIS of said interest from
Nov. /, 1923 at the rate of ten per
cent per annum and $66.62 further
paid by him for taxes with interest
thereon at the rate of ten per cent per
annum from Jan. 80. 1924; and to
the plaintiff Daisy B. McCulloch the
sum of $1,000 with interest thereon at
the rate of seven and One-half per
cent per annum from Nov 1. 1922
and interest on SIS of said interest
from Nov 1. 1923 at the rate of ten
per cent per annum and $6662 furth-
err paid by her for taxes with inter
EST thereon at the rate of ten per
cent per annum trOm January 80, !
1924; and to the plaintiff G. L. Ben
der the sum of $500 with interest |
thereon at the rate of seven and |
Dne-half per cent per annum from
November 1, 1922 and interest on
1880 of said interest from Nov.1, 1928 |
1t the rate of ten per cent per annum |
and 1881 further paid by him for
taxes with interest thereon at the |
rate of ten per cent per annum from |
IAN. 80, 1924; and $3.50 reasonable at
-orney's fees due plaintiffs and plain
lifts costs herein; and that the said .
premises so conveyed and mortgaged
Dy said mortgage be sold, and the
proceeds thereof applied to the pay
nent of said sums due the respective
plaintiffs as aforesaid, with interest
fees and costs: and that
he said defendants and all persons
claiming by, through or under them
nay be barred and foreclosed of all
light, title; claim, lien, equity of re
lemption ad interest in and to said
premises, which said prem
ses are situated in Idaho county, Ida
10; and described as follows, to-wit;
Lots IS and 16 of section %,
township 80, N. r. 2. e. B. M.
Witness my hand and the seal OF
;aid District Court, this 22nd day OF
March, 1924.
HENRY TEL CHER. clerk. |