Show in the district court of the first judicial i district tali county utah territory bridget Ali mckee oKee administratrix of the estate of james mclace mckae deceased ledem sed plaintiff vs enoch lybbert Lybbe rl defendant this cause camo came on regularly to be heard in open court on oil tile the lay day of july J tily 1892 S K king appearing for plaintiff and tile defendant bot appearing 2 tile the court having heard all the evidence and proofs produced herein ind duly elul considered game and being fully advised in tile the pren promises ind and it appearing to the satis fac tion of the alie coult first that enoch 0 lybbert the bove abow named defendant lias been duly gilld summoned to to answer unto the complaint luciem lie lenil abid lias inide default in that behalf and na that the default of said defendant for itofe appearing andai uto unto plaint uPs A poni complaint plaint liaa has leen been duly ind entered herein second that thore is now due a and ri d owing to the plaintiff bridget ct mckee as 11 14 administratrix of the estate of james mckee deceased from tile defendant fe fen dant eanoch 0 lybbert upon tile the cionni sory note and moi tp ge set et forth and d in plaintiffs plain tifai complaint as 1 pini cipal and interest int cret the sum suin of abild thac said baid amount draw interest at the rat J f one per cent per month from tile date hereof and that the defendant enoch 0 lybbert ii personally liable for the whole amount cherof eliat theto is also due plaintiff from defendant enoch C lybbert tile sum of 2000 fees feed as provided for in baid mortgage in an I 1 hereby her 0 4 y allowed and nd tile su sum in of 20 60 costs cost of suit ti i t third that the said duill sum of and 2000 and 2060 making in all a aforesaid isa is a valid vali I lieu lien upon tile lands land 4 and premises preau es in plaintiffs plaintiff 1 complaint and hereinafter set forth A described and is lecurer by the mortgage mentioned in said paid complaint folrath Fo Fol irth rth that each and all of tho th terms and conditions of laid baid mortgage jagd lne been broken by e aid eaid tle orendain fondant fen dant enoch C lybbert gild and talat is entitled to have said inor forgage gage ced and foreclosed and the land and pro promises premises hereinafter described old in the manner prescribed by law and that tile proceeds arising bioni such sale applied to and upon the payment of said sum suin of nion y so fifth that each and all allegations 0 ind and plaintiffs complaint contained lie aie true and in coned oi ie t now on oil motion of S K king counsel for plaintiff it is adjudged and decided that all and sinful ir the t premises pie pi mentioned in qaid aid complaint mid and described or so much as ni ly be sufficient to the amount due to the plaintiff for the principal and inter interest etl fees and oost costs s of tins this uit and andoe ox pene pc nae I 1 of sale and which may be sold bold without material injury to the duties interested be sold at pub lir auction liv bv the sheriff of uintah Cu bunty nty utah T territory in the manner pi 1 oed by I 1 tw iw and according accod acco ding iding to the on sealed practice of this cobit and that the said shariff slin ifT niter the time allowed by law for tile the lias has execute a deed to the purchaser or purchasers ot tho the mortgaged 0 premises on the said lale that the aid id S sheriff out of the proceeds of said sale retain his hh fees disbursements and commissions on said sale and pay to the plaintiff plain till or her attorney out of said proceeds tile the suin of 40 CO costs and attorney fees in this suit also alo al o pay to the plaintiff or her atto incy the faither sum of 1 the amount so found adne as aforesaid afore saul together gither to with interest thereon ut at thu the rate of one per cent per month from the late date of this decree or so much thereof as the said proceeds will pay of the same earne that the defendant enoch C lybbert ly hert and all per persons ong claiming or to claim under hinh him and all parsons having liens sub Sec luIt to said mortgage by judgment or decree upon the land de described 3 cn bed in in said moi and his personal representatives and all ail persons lia haung ing 0 any lien or claim by or under bauh sut h subsequent judgment or dubree and their heir oi 01 pe ropal rep s and all persons t claiming to f f v ysa have acquired any e estate or interest in said prem premises iscA to ane V filing in M of the complaint in this ibis action bo be forever bari banca ed and foreclosed of and from all equity of redemption and claim in of and to said mortgaged premises and every part and pan baiel el thereof from and after f thu delivery of said sheriffs deed and abid it is further adjudged and decreed that the purchaser or purchasers seis cis of such mortgaged ses be let into possession thereof and that any of tile parties to this action who may be in possession of bf said pre premises wises or ant part thereof and any wiio yo since the commencement of this action has come into possession under them or either of them deliver possession thereof to said purchaser sir Lr or purchasers on pi of the deed f foi oi said premises 01 any part thereof and it is further adjudged and de cle cicek that if the moneys arising horn the said sale shall be insufficient 0 to o pay the amount so lound flue due to the plaintiff as above stated with interest and coty including attorneys attorney fees and expenses of su sule all as aforesaid the sheriff specify the amount on nt of such sich deficiency and balance due to the plaintiff in his of said s sale I 1 icat and id that on the coming and fil filing ing 0 of f baid return the clel cicik K of tifis this court docket a judgement jud gement for such a balance against tile the delen de daut enoch 0 lybbert Lybbe it and that the defendant pay to the said plaintiff tile the amount of fauch dep de and judgement jud z gement t with thereon at the rate of one pr per cent per month from the late date of said last mentioned return and judgement jud gement and that I 1 plaintiff plaintiff lain tiff have execution the lands and premises directed to be sold by this decree adiv situated dying and beti being g in ashley valley count county of uin tah tab and territory of utah and bounded and as follows to wit com me eing on the N E come comeron the S si W I 1 quarter of see sec 33 32 in twp tap 4 south of lange ange 23 E silt salt lake principal princ prino mei id lan in running running L thence vest v est 80 rods thence south 44 rods thence east 80 rods thence north 44 rods to place of stai stalling ting and continuing containing 33 1212 acres moc igwe oi 01 less t with all abid singular in gular the tenements ments r eat s aud and appurtenances thereunto belonging or in any wise appertaining ta done don in open court this thi s ana nd 1 day of audru august A A D 1892 jou JOHN W BLACKBURN entered book 3 2 pages 0 endorsed title of court and causel cause ill tiled d august 2nd and 1893 1891 0 TERRITORY OF UTAH sa COUNTY OF UTAH 1 I B B jr clerk of the district court of the firt first judicial district of the territory of utah do certify that the loreg tore pohn is a full ful ti uc aud and conert copy of the oil ginal decree now on file and of accord in my office Wit witness nes m liand hand and the seal peal of said court at arvo city this etli day of oc august A D 1893 1892 B MAN JR jit SEAL by F BACHMAN deputy clerk |