and then and there delivered the same to this plaintiff, and did then and there undertake and promise to pay to plaintiff the sum of [whatever sum is named in the note], with interest thereon at the rate of per cent. per month from the date thereof, as and at the time named in said promissory note. A. D. dol That the said defendant, to secure the payment of the said principal sum and the interest thereon as mentioned in said promissory note according to the tenor thereof did execute under his hand [and seal], and deliver to plaintiff, then and there, a certain mortgage bearing date on said day of 1879, conditioned for the payment of the said sum of lars- and interest thereon at the rate and at the time, and in the manner specified in said promissory note and mortgage, and according to the conditions thereof, which said mortgage was duly acknowledged and certified, so as to entitle it to be recorded, and the same was afterwards, to wit, on the day of, A. D. 1879, duly recorded in the office of the County Recorder of the County of Santa Clara, in Liber of mort gages, pages and -; a copy of which said mortgage, with the indorsements thereon is hereunto annexed, marked Exhibit A, and made a part of this complaint, by which mortgage the said defendant covenanted, promised and agreed to and with plaintiff, as stated in said mortgage. And plaintiff avers that he is still the holder and owner of said promissory note and mortgage, and that the principal sum of dollars mentioned in said instruments, together with interest thereon at the rate of per cent. per, from the day of, A. D. 1879, still remains due and unpaid from said defendant to this plaintiff. [If there be other mortgages or liens on the land described in the mortgage, the holders' names should be added to the title of the action, and a clause should be here added to the complaint similar to the following, and the holders of such liens should be served with process, and made parties to the action. And plaintiff avers that he is informed and believes that and have, or claimed to have, some interest or claim upon said premises, as purchasers, mortgagees, judgmentcreditors, or otherwise, which interests or claims, the plaintiff alleges are subsequent to, and subject to, the lien of plaintiff's said mortgage.] Wherefore, the plaintiff prays judgment against the said defendant, Wm. Deek for the sum of dollars, with interest thereon, at the rate of per cent. per from the , day of ——, 1879, and for costs of suit; That the usual decree be made that the premises described in the said mortgage be sold by the Sheriff of said Santa Clara County, according to law and the practice of the Court; That the proceeds of said sale be applied in payment of the amount due to the plaintiff on such judgment; That said plaintiff may have execution against defendant for any deficiency which may remain after applying all the proceeds of the sale of said premises properly applicable to the judgment herein; That the plaintiff, or any other person, may become purchaser at the sale of said premises; That if the same be not redeemed according to law, the Sheriff execute a deed to the purchaser thereof; That such purchaser be let into the possession of the said. premises on production of the Sheriff's deed therefor; and that plaintiff and his successors in interest herein may have such further relief in the premises as to this Court may seem meet and agreeable to equity. The complaint should be verified. G. H. A-, Attorney for Plaintiff. Form 26.-Complaint in Ejectment. [BANCROFT'S BLANK, No. 531.] In the District Court of the Second Judicial District of the State of Nevada, in and for the County of Washoe. The plaintiff in the above-entitled action complains of the above-named defendant, and for cause of action avers: day of That on the A. D. 188-, plaintiff was lawfully possessed as owner in fee-simple of that certain lot, piece and parcel of land situate in said County of Washoe, and State aforesaid, bounded and described as follows, to wit: [Here insert correct description of the land, giving proper metes and boundaries;] That the plaintiff being so possessed, and ever since the time above mentioned, entitled to the possession of said land, the said defendant did, afterwards, to wit: on said A. D. 188 [Insert the same day mentioned above], -day of enter into the possession of the said premises and oust the plaintiff therefrom, and ever since said time has unlawfully withheld and now does unlawfully withhold, the possession thereof from this plaintiff, to plaintiff's damage in the sum of dollars in gold coin. And plaintiff further avers that the value of the rents, issues, and profits of the said premises from the said day of 188-, and while the plaintiff has been excluded therefrom by said defendant is, dollars in gold coin, in which sum he alleges that he has sustained damages herein. Wherefore the plaintiff prays judgment against said defendant for the restitution of the above-described premises, and for the sum of dollars for the withholding thereof, together with the sum of — dollars, the value of said rents and profits, and for costs of suit, all in gold coin. The complaint should be verified. A. G. H. Attorney for Plaintiff. Form 27.-Complaint on Claim and Delivery of Personal Property. [BANCROFT'S BLANK, No. 528.] In the District Court of the Third Judicial District of the State of Nevada, in and for the County of Lyon. James Titus, in this action, complains of John Bitus, and for cause of action alleges: That on the day of A. D. 1879, at the County of Lyon, and State of Nevada, the plaintiff was possessed and entitled to the possession of the following described goods and chattels, of the value of - dollars in gold coin, to wit: [Describe the property, and state the value of each article, if convenient, as nearly as can be done.] and that plaintiff ever since said time has been, and now is, entitled to the possession of the same; That on the day of - —, 1879 [giving the same date as above], at the County of Lyon aforesaid, the said defendant, John Bitus, without the consent of plaintiff, forcibly and wrongfully took said goods and chattels from the possession of plaintiff; That before the commencement of this action, to wit: on the day of -, 1879, the plaintiff demanded the possession of said goods and chattels of said defendant, but to deliver the possession thereof the defendant refused and still refuses; That defendant still wrongfully withholds and detains said goods and chattels from the possession of plaintiff, to plaintiff's damage in the sum of dollars [the value of the chattels]; That the value of said goods and chattels is the sum of dollars. Wherefore, the plaintiff demands judgment against said defendant for the recovery of the possession of said goods and chattels; or in case a delivery thereof cannot be had, for the sum of dollars, the value thereof, together with lars damages, and costs of suit, all in gold coin. dol H. G., Attorney for Plaintiff. The complaint should be verified, and if the plaintiff desires to take the property again into his possession forthwith, he must give an undertaking as required by the statute, with two good and sufficient sureties, and must deliver to the sheriff, or other officer serving the papers, such undertaking, and an affidavit made by himself, or by some person in his behalf, with an indorsement in writing thereon by himself or his attorney, requiring the officer to take the goods and chattels into his possession. The affidavit should be substantially in the following: Form 28. [BANCROFT'S FORM, No. 695.] Title as in Form 27, then as follows: County of Lyon, ss. James Titus, being first duly sworn, says that he is the plaintiff in the above-entitled action; that he is the owner [or is entitled to the possession], of the following described goods, chattels and property, to wit: [Here describe the property particularly.] That said property is wrongfully detained from the possession of the plaintiff by said defendant; that according to the best knowledge, information and belief of affiant, said defendant claims to hold said property by virtue of: [Here state the alleged cause of the detention of the property.] That the said property has not been taken for a tax, assess ment or fine pursuant to a statute, or seized under an execution or an attachment against the property of the plaintiff [or, if so seized, that it is exempt by statute from such seizure]; and that the actual value of said property is · dollars. Sworn to and subsccribed before me, A. D. 1879. this day of―, T. R. HAWKINS, Form 29.-Complaint of a Payee of a Bill of Exchange against the Acceptor. In the Superior Court of the State of California, in and for the County of Nevada. T. D. James complains, in this action, of A. B. Ames, a resident of said County of Nevada, and, for cause of action, alleges: That, on the day of, 1879, at the County of State of one Amos Aaron made his certain bill of exchange in writing, directed to the defendant, and bearing date on the day above named, in the words and figures following, to wit: [Set out the bill verbatim by copy.] and then and there delivered the said bill of exchange to this plaintiff; day of 1879, at That, on the the said defendant, upon sight thereof, accepted said bill of exchange in writing, signed by the said defendant, in the words and figures following, to wit: [Set out the exact words and figures of the acceptance.] That plaintiff is the lawful owner and holder of said bill of exchange, and that no part of the same has been paid; that there is now due from the said defendant to this plaintiff the sum of dollars, with interest thereon from the [the day of acceptance], 1879, at the rate of per annum. day of per cent. Wherefore plaintiff demands judgment against said defendant for the sum of - dollars, with interest thereon at the rate of day of, 1879, and per cent. per annum from the for costs of suit. The complaint should be verified. JAMES APPLE, Attorney for Plaintiff. |
