The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-04-21

In the District Court of the Second Judi
cial District of the Territory Of Montana, in
and TOR the county of Silver Bow.
James Touhny, plaintiff, vs., James Me
kean, Lee Mantle, and Charles II. Bates,
defendants.
The people of the territory Of Montana
send greeting to James Mexican, Lee Man
tie and Charles r. Bates, defendants.
You are hereby required to appear in an
action brought against you by the above
named Iplaintif, in the District Court OF
the Second Judicial District of the Territory
Of Montana, in and for the County of Silver
Bow, and 10 answer the complaint filed
therein, within ten days exclusive of the
day of servfce) after the service OF you Of
this summons, If served within this county;
or, If served out of this county, but in this
district. within twenty days; otherwise
within forty days; or judgment by default
will be taken against you, according to the
prayer OF said complaint.
The said action is brought to obtain q de-
cree of this court for the foreclosure Of three
certain mortgages described in the com
plant herein, and executed by James Nc
Kean on the date mentioned in the COM
plant, A.. d. 1852, to secure the payment
Of q certain promissory note made by James
Mexican, ~aggregating the sum of S2,234,
bearing interest at the rate of 9 per cent. per
month from date until paid; the first note of
$3.50, dated April Goth, 1881, due one year al.
terdate; second note for $3.50. dated April
1st. 1882, payable six months after date; third
note for 81 1874 dated Nay 9Th, 1882. Plaintiff
asks Judgment for said several sums, with
interest at the rate of 2 per cent. per non
from said dates and a reasonable attorney
fee for each mortgage fOreclOsel and for
costs of suit.
That the following described premises sit
uate, lying and bein~ in the town of Butte.
County OF Silver Bow, Territory OF Mon
tana, tO-wit That certain peice, parcel and
plat OF ground Known as lots numbered
twenty-nine t29) and thirty (39), in the town
OF Butte according to the survey and plat of
said Butte city town site. now on file in the
office of the County Recorder Of Deer Lodge
county, NJ T., together with the buildings,
dwellings and ali Improvements thereon,
had and enjoyed, be sold, and the proceeds
thereof be applied to the payment, first, of
the expenses of sale and costs of SUIT, and
second, to the satisfaction of plaintif's
demand, n in case said proceeds are not
sufficient, then to ebt in an execution for
any deficiency that may b%edocketed against
said James B. Mexican and all persons
claiming by, or through or uSder him may
be barred and fOreclosed of all right, title.
claim, lien, equity OF redemption and inter
est in said mortgaged premises, or for other
ana further relief.
And you are hereby notified that if YOU
fail to appear and answer said complaint as
above required, the said plaintifffWill take
Default against you. and apply to the
court for the relief demanded in the prayer
Of plaintiffs complaint.
Given under my hard and the seal of
the District Court of the Second
District of The Territory OF Mon !
tana. in and for the county OF Sill
lseall yer Bow, this Sd day Of April,
40 the year of Il Lord one
thousand eighthundred and eighty !
REUBEN l.. DAVIS, Clerk.
By,CHAS. $. WARREN, Deputy Clerk.
april sw 5w