Idaho County free press., 1924-08-07
ALIAS SUMMONS ON AMENDED
COMPLAINT
Reg. No. 343O

neg. NO. o4oO
In the District Court of the Tenth !
Judicial District of the State of
Idaho, in and for the County of
Idaho.
Harvey Nj. Freeman, administrator
with Will annexed of the estate of
Marion Freeman, deceased, plain
tiff, VS.. Cora Mae Wilson and G.
w. Wilson, husband and wife
and B. O. Smith, defendants.
The state of Idaho sends Greet
ings; to the above named defend
ants:
YOU ARE HEREBY NOTIFIED
that an amended complaint has been
filed in the district Court of the
Tenth Judicial District of the state
of Idaho, in and for the county of
Idaho, by the above named Plaintiff,
and you are hereby directed to ap-
pear and answer the said amended
complaint within twenty days of the
service of this summons if served
within said Judicial District and
within forty days if served elsewhere
and you are further notified that un-
less you appear and answer said
amended complaint within the time
herein specified, the plaintiff will
take Judgment against you as prayed
in said amended complaint.
This action is brought to obtain a
judgment and decree of this court
for the foreclosure of a certain mort
gage described in the complaint ex-
ecuted by Cora Mae Wilson and G.
w. Wilson, her husband in favor of
the plaintiff on March 18th, 1922,
recorded in Book SO, Record of Mort
cages at Pages $50 and 536, office of
the Recorder of Idaho county, Idaho,
to secure the payment of one prom
issory note in writing dated March
March 18th, 1922, for the principal
sum of $650O0, payable one year
after date, bearing interest at ten
percent per annum from date until
paid; no part of which either prin-
cipal or interest has been paid; and
for the further sums advanced to
protect said property from becoming
delinquent, same being sums paid by
plaintiff for taxes as set forth in
the complaint, towit the sum of
$266.97 paid Feb. 18th, 1923, for tax
es paid December 18th, 1923, (being
one-half of the taxes for said year)
| i'm the sum of S133.15; and taxes
paid July 22nd, 1924, in the sum of
$13692; and for the further advance
ment to protect the title to said prem.
ises mortgaged; in satisfaction of a
mechanics lien and assessment to
Peter Book of $4,000; and for an
assessment for municipal improve
ments and streets and sidewalk OF
$740.75 being principal and interest
thereon, paid to M. NJ. Belknap; and
for attorney fees of $65.00 and costs
all of which said several items il
sought to be recovered; and further
setting forth in said amended com
plaint that the defendant b. o. Smith
has or claims to have by reason OF
being an attaching creditor, som'
claim. lien or judgment in the prop
erty mortgaged; and that his sale
claim. equity or title be declared in
ferior to and subsequent and subjec
TO the mortgage of this plaintiff
and that all of the said several sum
Maid out for taxes, advancements ant
to protect said mortgaged property
be declared a lien on said premises a
TO an undivided One-half interes
therein. as provided in said mort
gage: and that said undivided one
half interest therein be sold at sher
ifs sale and the proceeds applied Z
to the payment of the note and SAT-
other several sums with interest, at
tornev's fees and costs, and costs o
suit and sale: and that the defend
ants Cora Mae Wilson and &. w
Wilson. and all persons claiming by
through or under them be Darre'
and foreclosed of all right, title, IN
terest. equity of redemption ana III
terest in and to the said mortgage'
premises: and the description of tn
sold land sought to be sold. is sit
mated in IdaLo county, Idaho, ant
described as follows towit:
All of Lots One a., Two ~
Tbree (3). Four "a and Five 20
in Block 3, in L. p. Browns t1rst Au
dition, to the Town of COTTONWOOD
Idaho county, state of Idaho; AM
asking that the claim, title or inter
est of the defendant B. 0. Smith, J
anv he declared to be subsequent U
and subject to the lien OF this pam
tiff. and FOR general rellet.
WITNESS, my hand and the sea sea
of the said District Court, thls -0'
dav of July, A. d. 1924.
N0eai' Clerk
NJ REESE HATTABAUGH,
Attorney for Plaintiff. Residence am
At1 ID n Address. Grangeville, Idah