Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1924-08-14
ALIAS SUMMONS ON AMENDED
COMPLAINT
Reg. No. 1880

meg. ANOs OfOO
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 win 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 APP
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 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 $50, 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 s650.00, 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
S266.97 paid Feb. 18th, 1923, for tax.
es paid December 18th, 1923, (beine
One-half of the taxes for said year,
! in the sum of $133.15; and takes
paid July 22nd, 1924, in the sum OF
S1S6.92; and for the further advance
ment to protect the title to said prem
ises mortgaged, in satisfaction of 6
mechanics lien and assessment II
Peter Book of $4,000; and for al
assessment for municipal improve
ments and streets and sidewalk o.
S74O.75 being principal and interes
thereon, paid to M. NJ. Belknap; ant
for attorney fees of $4,000 and costs
all of which said several items Il
sought to be. recovered; and furthel
setting forth in said amended com
plant that the defendant b. o. Smith
has or claims to have by reason o
being an attaching creditor, som
claim. lien or judgment in the prop
erty mortgaged; and that his sal
claim, equity or title be declared II
ferior to and subsequent and subjec
to the mortgage of this plaintiff
and that all of the said several sum
paid out for taxes, advancements AM
TO protect said mortgaged property
he declared a lien on said premises
TO an undivided one-half interes
therein, as provided in said mort
gage: and that said undivided one
half interest therein be sold at shel
ifs sale and the proceeds applied 7
to the payment of the note ana SAL
other several sums with interest, al
torney's fees and costs, and costs 0
suit and sale; and that the defend
ants Cora Mae Wilson and G'
Wilson, and all persons claiming D!
through or under them be barre
and foreclosed of all right, utie, II
terest, equity Of redemption ana IL
terest in and to the said mortgage
nremises: and the description OF Tn
said land sought to be sold, is si'
mated in Idaho county, Idaho, an
described as follows towit:
All of Lots One ~, Two W
Three (3), Four az and Five 70
in Block 3, in l.. p. Browns FIRST Az
dition. to the Town of Cottonwood
Idaho county, state of Idaho; an
asking that the claim, title or lntei
est of the defendant b. 0. Smith,
env no declared to be subsequent I
and subject to the lien OF this pam
t;ff. and for general relief.
WITNESS. my hand and the sea sea
of tbe said District Court, TINS 20
dav of July, A. ID. 1924.
Noe"i' ClerE
M REESE HATTABAUGH,
Attornev for Plaintiff. Residence an
,5anoes Cranpeyille, ldan