Show in tile the district court of the first judicial district Dist met atah county utah territory to rr i t 0 r v bi bridget adget MK imkje je gratrix of f tile the estate of dinies mckee deceased plaintiff vs enuch enoch lybbert defendant defell dmit this batise cinie canie on oil regUla riv to be heard in open court on oil the da chiy of july 1892 S K king kin appearing for plain tiffand tile deafen dant not ippe appe arins ring 2 the court hiving having heard all tile the evidence anil and proofs produced 1 brein ind duly considered same arid and bei being fully advised in the promises and it up appearing to the sati satis aLic fac tion lion of the court first that enoch C lybbert tile above imbed lia hag been duly and regularly summoned to f answer unto the plaintiffs conill lit herein lic rein aid hia has inada in that behalf and that the default of said defendant bior for not tip andlar unto plaintiff complaint ling has been duld and gilld regularly entered herein second that thoro thare is now nov due and owing to the plaintiff bridget br aid et mckee a administratrix of tile the estate of jame jainel i ackre deceased from hie defendant fen dant eloch E loch C 1 lybeert y bakert upon tile the note and mortgage bet et forth arld and described in complaint iid as arid and interest the sum of and rh biru ii said eaid amount draw interest inter cut at tile flip rato rat f otie one per ent cent per month from the date liere hereof of and that I 1 the defendant enoch 0 lybbert ii pei tonally liable for tho whole amount cherof that the there re iq H also abo due plaintiff fi olli defend defendant an t enoch 0 j lybbert lehbert the st sum tin of 2000 attorneys fees as provided for in ill eaid aid mortgage gage awl ail hereby al lovd d and tile mu sum ill of io 0 CO 60 costa of buit thaid tb it that tho faid fraid sum suin of and 2000 mid and 2060 making in ill till all am ac afo aforesaid reaid is t a alid lien 31 upon the llie lind land and premises 3 in plaintiffs compliant and 1 hereinafter i tet bet forth A described a und ild is 18 lecul eclied t ed by tile mortgage P mentioned in ill aid corli complaint pl tint foli W that each ind and all al of t the ile terni term A md ind conditions of said mortgage base been ly bv sald paid defendant eboli 0 lybbert and nd that plain tF is entitled to to hale said moi inor hage gage enforced ce 1 I and foreclosed and tho the lands ill 8 and Pl pie mirtes elises hereinafter described fold eold in the manner prescribed bv law and that tile arising from eucla tale eale applied allied to and apoi tile the payment of nd iid of Y dile as od id fifth th it vach and all al allegations t and elnel in complaint t contained tonta ined aro are and orrest tor orre vt now on oil motion of 13 K C I king cin cotin conn bel ie I 1 for litiff it is adjudged r and decieri decie CM ei th that at all and singular r the bior mort pi einie elief emi ef mentioned in said paid coin plaint and hereinafter de ascribed or fo much as 14 inay le be sufficient to raie the aino amount tint due to the plaintiff for the and interest inte iest attoa ii ag beeb a nd cota of t his sui t and andea ex i of s hale and willell which may io be sold ald Ope without vit hout material injury to the pal ties le he old bold at ab nb b lit lie allet auction loil bv tho sheriff of ull I 1 Cu county nty utah territory in the manner Inesti bed by law and according to the course and of this cobit and th it the aid after the time showed h lann la for the redemption ln his expired ex e ocote a deed to the or ba sets SL IS ot or the premises on the said sale that the said shei iff out of the pi or 0 said saia s sile ile retain hi hn fee tees disbursements and ou on said sale and kiy to the plaintiff or her attore atto iuey y out of said proceeds the sum bum of 1060 costa and jt torney ncy fee in this suit alo alho pay y to tl the C plaintiff or her attorney the further aum Suin of sl S 82 81 the amount so found adne as foie said together ith interest I 1 at the rate ot one per cent per month from froin the date of this devite dt ciLC or so 0 o much thereof as tile the said proceeds will pay of the alue that the defendant enoch 0 loheit and all persons claiming t or to claim der hini him and all parsons having n liens itis ab L to said mort mor tue e vige r by judgment or decree upon the land described in aid alge and ILI d his personal representatives and all having n a any ny hen or claim by or under sut ii subsequent judg judgment or ducrea decree and their heirs ot 01 personal rep resen tati les es and all persons claiming to I 1 have vc any estate or in interest in nd plo lille to the tiling of tile the complaint ill ia this altion action be forever baided bailed and forat I 1 closed of and from all equit of redemption led emption and claim in of und and to said mo caged 0 premises prentise i and every pait and pin 1 tri el from froin and after th alu deliver of abuid She rills deed and it is decreed that thu the or purchasers of such mortgaged n ra a let into pos and that any y of the parties leg to this alt ton ion who v ho may be in possession tf bf said premise ire inisha or adf an f part thereof aul and any person per m who silice the commencement of this altion action has como come into po session sion under them or either cither of them deliver po 10 ssu thereof to stid purchaser sir or purchasers on dou of the shendla Sh entla deed for said promises or any pait theiron and it is further adjudged and decreed that if the moneys 0 from the said sale shall be insufficient to 10 pay the amount so lound jound due to the plaintiff as above stated with interest and costs including 0 attorneys fees and expenses of sale as aforesaid the sheriff specify the amount of sich deficiency all and balance 1 lance flue due to the plaintiff in lin his return of said salo sale and that on the comina coming and filing of said return the clerk of th this is cobit chui t docket d ock a judgement jud jilt gement for such a balance against the defendant enoch C Lybbe lybbert it awl and that the defendant pay to the faid plaint iff tile the amount of such ra judgement jud gement with interest inter cut thereon at tt ti aate of one per cent per month from tt ti ditto date cf said last mentioned 8 ai judgement jud gement and that plaintiff have exec c tion the lands and premises d directed to K sold by t hii tile aie situated leini b being 0 ilg in ashley valley county 0 of f tali and teri rot y of utah and boun and described as foll follows mis to wit co com nien cing on the N E cornel ot the 8 88 quarto of sue see 32 in tp 4 south i lange 23 22 enst east silt la lake I 1 e Inin apal mii iun running r thence west so 80 lods ht soth 11 iod thence east 80 lods uin coith 44 rods to place vf stal stinting ting a 11 containing 0 33 22 aw acres more or less lesa ca all and sing ulai thour ments kents and cunto belonging or in any avise ap gainin ta tain inin ing done 0 ill in open court this and aim day 1 I august A D 1891 2 JOUN VV book 3 2 paes 0 30 iou End endorsed orbed title of court and cauls tat tiled d august aud 2nd 1893 1892 olty op ole UT UTAH A if sa 88 cour ry or OF utan 1 I B N jr clerk of the ole 11 brict cobit of the first judicial ditria of the of utah do hereby lr if afy y th tint it the foregoing is a lull ti ue ti collect copy of thu the original decree now on oil nip file and of in my illy onich witness my liand hand and the seal of MII court at provo prove city this will j day 0 august A D 1893 1892 13 3 jn in ch clrk tk SEA SEAL by F P BACHMAN BAc deputy clerk in ili the district court ourt of tho first ju dacial distinct ot the territory of etab county of utah bridget ca 1 nl I kee kec ad n of the E city of janas 31 me kee deceased plaintiff vs s enoch 1 I abbett Lb bett defendant ot sale S le the people of the territory of utah to shontel of uintah county comity greenw Gree greeting tW 0 whereas on oil the and 2nd day of f ail A D 1893 mckee of the L E aute of of jal jai es ea mckee all the aboc danied plaintiff obtained a jud V emen all and decice in the district Ditri ct coutt of th mist judicial district of utah genitor against enoh C abbert the NN aich judgment and decree wits was on th IN and 2nd diy aty of august A 12 recorded it i judgment book two awo of said court a t pare page 98 and thu the roll filed and judi judg ment and decree docketed in iii the clerk onic thereof and in und and by which san il d judgment and decree a cop of c which is iq hereto aunce annexed a it is ordered adjudged ened and decreed thit that that the landy lands and prenties nien liou cd arid ard described in said jud anent nid ni iiii d cle decree cree be sold at public atu aiu lion tion as in n said i judgment and decree set out now therefore you voll the said sherid of uintah county are ru hereby comin and i squirm lequir cd to proceed to notice for ie all and to sell the pi opuses onuses dew jibed in ill said sai judgment and it a copy of chich is I 1 hereto annexed and made anade a part here of and apply thi th proceeds of said still sale as in haid judgment judgement jud gement and decicc dirc direct eted ec and to ni in ike aud and tile your ot stich bud sale with the clerk clark of this thia cobit withie athin sixty days from froin tile the late date of your hereof of and to do all things according M to t t the h e heinis and re requirements qui remen ts of said ad judg jud 0 allent and decree arid and all the provisions pio visions of oi tile the st stipule itule in such case mida and provided witness lion ion john W blackburn judge and the seal of said cobit this day of august A D 1893 1892 B BAci iMAN ju JR clerk i orr SEAL abal by P F BACHMAN deputy chelk bleik the above property avi will 11 be old hold h to tho the hio highest liest bidder on oil the third day of olt oct 1 at 3 2 P 31 at the county courthouse it ashley uintah co utah |