Shelby  County  Indiana
Courthouse  Records

William R. Teel  vs  Charles E. Francis

Foreclosure of mortgage to satisfy note past due.

State of Indiana,                    Shelby Circuit Court
Shelby County,                      October Term, 1915

William R. Teel     }
          vs                 }Decree
Charles E. Francis }

          Comes now the plaintiff by counsel, and it appearing to the satisfaction of the court by proof of publication of the notice heretofore filed herein, that the defendant has been duly notified of the pendency of this action by three successive weekly publications in the Shelby Democrat, a newspaper of general circulation, printed and published at the City of Shelbyville, Shelby County, Indiana, the last of which publications was made more than thirty days before the 18th day of December, 1915, the same being the return day indorsed on plaintiff’s complaint herein. And now said defendant being loudly called three times in open court comes not, but wholly makes default. And the Court having heard the evidence, and being duly advised in the premises, finds for the plaintiff, and that there is due the plaintiff from defendant on the note sued upon in this action the sum of $99.75, and the further sum of $15.00 as fees for services of plaintiff’s attorney, which sums totaling $114.75 plaintiff is entitled to recover from defendant, together with the costs of this action, all without relief from valuation or appraisement laws; and the Court further finds that the sums due plaintiff are secured by chattel mortgage upon the goods and property described in the complaint. And the Court further finds that plaintiff is entitled to have his mortgage foreclosed and said property sold for the payment and satisfaction of his debt.
          It is therefore considered and adjudged by the Court that the plaintiff have and recover of and from said defendant, Charles E. Francis, the sum of $114.75, together with costs of this action, and all accruing costs, without relief from valuation or appraisement laws. It is further considered, adjudged and decreed by the Court that plaintiff’s mortgage be foreclosed and that the goods and property therein named and described as follows, to-wit:
1 Mahogany bed room suite with mirror in dresser
1 9x12 Brussels rug
1 Radiant Estate #218 base burner
1 oak side board with mirror
one oak extension table with center leg
6 oak leather seat diners
1 mahogany hard seat arm rocker
1 oak leather seat arm rocker
2 oak leather uph. Morris chairs
1 Acorn Jewell 4 hole top gas range
1 oak kitchen cabinet
1 feather bed
6 feather pillows
1 9x12 red and green Brussels drugget
1 leather uph. davenport
or so much thereof as may be necessary for that purpose be sold by the Sheriff of Shelby County, State of Indiana, as other goods, chattels and personal property are sold on execution and the sale to be without any relief from valuation or appraisement laws.
          The proceeds arising from said sale to be applied as follows:  First:  To the payment of the costs and accruing costs herein.  Second:  To the payment of the amount found due plaintiff on the claim sued upon herein, being the amount of the judgment hereinbefore rendered together with interest from this date.  Third:  the overplus, if any there be, to be paid by the Sheriff to the Clerk of the Court for the use of the party lawfully entitled and unauthorized to receive the same.  In the event said mortgaged chattels shall fail to sell for a sum sufficient to pay and satisfy said judgment, interest, costs and accruing costs, the residue thereof remaining unpaid shall be levied of goods and chattels and lands and tenements of said defendant, Charles E. Francis, subject to execution, and sale thereof shall be made without any relief whatever from valuation or appraisement laws.
Contributed by Melinda Baker

Civil Records Index         Main Page

To contact researchers listed above, use the  Surname Index