The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-06

cUMMONs-M THE DIETRICH COURT OF
y the First judicial district OF the state or
Montana. in and for the county OF Lewis and
ii. Nj. ErsndeGee and II. N; Brandegee; part,
ners doing ana transsctine bualness under tne
firm name snd style Ct hrandegse Bros ~ ia slat
easei, KarSha 3 aylor Ickert schwabe, Fred A.
Echwabe, Henry tlebhardt and Edward wagner,
defendants-A mended summons.
The state OF Montana sends greeting to the
above named defendant .
You are hereby required to appear in an nct,?aa
brought against you by the above named pialntin
in the district court of the First judicial dlstries
IF The state Is G qf,Mnso n l : !, IN aa ana rof fh sn' e oonn.y ut
fled therein, within ten days. exclusive Of ths
day Of servioe) after the service on you of thiis
served out Of this county. but within this district,
Or Indictment y default win % taken sg.instyou
The sa,a action 8 brought to obtain a de-
cres oil this court for the for &closure Of two Ger.
and executed BY tho paid William +. Steele as the
executor of the last will and testament OF Mary
Ann Eokert; deceased, Martha Taylor EcAert
o., August, 1889, the property embraced IN ana
affected by said mortgages being all those certain
lots, pieces or parcels OF iSnd nitua;e, lying ana
the county Of Lewis and Clarke, then territory,
now state of Montana. bounded and particularly
one, two, four, fourteen and fifteen, in block
number seven; lot number two in block number
twenty-aix. and lot number four in block nnSn-
numbered, designated and described on the plat
of said townsite ON flo in tho office OF the county
recorder Of said county OF Lewis and n Clarke,
bar reven, having, subsequent to the EXECUTION
OF said mortgages, been released from ths Len q
said mortgages by the plaintiffs. Zach Of said
nnsnt Of = certain promissory note, dated Aug
Il. 1859, made by said William L. steele, az such
and Fred A. Schwabe, each Of SID notes being
for the sum Of three thousand dollars. and each
being payable in gold, or its equlyaient: On me
NJ. and f.. N. Brandegeo, with interest theseon at
the rate Of ten per cent, per amman: interest pay
provided that in cnse Of default In the payment
81 interest as in such. nots snd mortgage, pro
vided, the whole Of tho principal and interest
payable whether the same should at such time be
by the terms thereof duo and payable or not: and
a ;uts, alt h ~ INA h naia, n nnl s IN 1,s g. p pssym' sn oI s thS
notes and each OF them having become by reason
Of such default payable, and tho amount due
81 the time Of the COMMENCEMENT Of this action
being the sum Of six Thousand dollars principal.
together with interest thereon nt the rate Of ten
per cent per annum from the 2lat day OF August,
1870, and the SUM Of sixty-hys. dollars paid for
insurance ~ authorized by ssil mortgages, to
gsther with in,erest on the sum OF si1ty-tive dol
tho 18th day Of January, 1891; that the premises
conveyed by asid mortgages may he sold, save
and except said lots numbered ons and. two. in
block number asvep, 40 as aforesaid released
from tho lien of said mortgages, and the proceeds
of this sale thereof applied to the payment Of said
mortgages and .proniisHory noteR, VITA interest
thereon at the rate of ten per cent: per annum
~ aforesaid, and Ave hundred dollars conn' oil
fsos, and costs OF snit. And in caso suuh pro-
oscdr are not sufficient to pay tho same, then to
obtAin execution against sNid defendants, Martha
Taylor Eckert Sohwnbe, fred A. Sohwahs, and
tho estate Of tho. said Mary Ann Eckert, do
ceased. for this balance remaining dus: and also
that tho said defendants, and all persons claim
ing by. through or und0r thsm or either Of Thorn,
MAI DO barred and fsreclossi OF all right, claim,
lien, equity Of redemption and INTEREST," and to
said mortgagod premises, cave and except M. re
leased an Aforesaid, and also that any and all
clatna OF tho said Defendants, henry Gehhardt
any clnima they have, b. ~adjadsad and deoreed
said MORTGAGES; and For general relief
And you are hsrcby notified that II you fall to
appear and answer the said complaint, ~ above
required, tho said plaintiff will apply to tho
court for tire rat ief demanded In said complaint,
Given under my hand and the. seal OF the. dis
triet court of the First judicial district of tho
state OF Montana, In and for the county OF Lewis
and Clarke, this twelfth day OF Reptambor. In
tho year OF our Lord, ons thousand eight hundred
and ninety-one.
tSeall JOHN BEAN, CLERK.
by N. THOMPSON, Deputy Clerk,
MAsSENA BuLLARp,
Attorney for Plaintiff.