The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-02

EUMMONS-IN THE DISTRICT COURT OFH
the First judicial district Of the state Of
Montana. in and for tina county Of Lewis and
ii. nj. Brandegse and 3. N. Brandeges. part
ners doing and THANKSGIVING business under, the
taan n "a. W iii s.y l. Steele Sls.n sn:ssto s'o 81 | the 'i last
will and testamsnt, Of Mary Ann ,Eckert,. de-
ceased, Martha Taylor Eckert sshwabe,, bred A.
bchwabe, henry tiebhardt and Edward Wagner.
defsndants- Amended summons.
The state Of Montana sends greeting to the
You are hereby required to appear in an action
brought against you by the above named plaintiff
in the district court Of the First judicial district
Lewis and Clarke. and to answer the complaint
fled therein, within ten days exclusive q he
sun, II M L served 3 w ii this county Or Il
served out Of this county. but within this district,
within twenty days; otthe . ! e within forty days.
according to the prayer Of said complaint.
The ssia action = BROUGHT to obtain a de-
tain mortgages described in tho said complaint
and executed by the said William l. Steele as the
executor of the last will and testament Of Mary
Rchwabe and Fred A, schwabs, ON the 21et day
Of AnEgst, 1e9g, the property embraced in and
Effected ;dls a;aI BY s Il a mosftsa e 9 . Ssin s;t AL those e, certain tain
the County Of Levi. and Clarke then territory,
described as follows, to-wit: Lots numbered
one, two, four, fourteen and fifteen, in block
t pu%bsr is.s and l lot n numssr t your IN in 'l biaop pn nnn'r
Der wenty-seven rs said, lots and blocks are
numbered, designated and described on the plat
recorder Of said county of Lewis and Clarke.
Said lots NUN bered one and two. in block num-
Der seven, having, subsequent to the execution
Of said mortgages, boon released from the lien OF
said mortgages by the plaintiffs. Each OF said
MORTGAGES having been made to secure the pay
Il. 1853, made by said William l.. Steele, as such
executor, and Martha Taylor Eckort Schwabe
and Fred A. schwabe, each Of said notes being
being payable in gold. or its equivalent, on the
2lst day Of August, 1892, to the order Of said H.
the ratio Of tan per cent. per annum. interest pay
provided that in case Of default in the payment
vide1. the whole of the principal and interest
should become, at the option Of the mortgagees.
By tbs terms thereof due and payable 4 g or not t. and ul
interest Of said notes and each Of them. and said
Of such default payable, and the nmount due
upon said notes and mortgages in the aggregate
T. 9hs IN ss Of t n g. Gem 1hnnaesg anl1 OF this ns,n action
together with interest thereon ut the rate Of ten
psr cent per annnm from the 2lst day of August,
insurance as authorized BY said mortgages, to-
gether with interest on the sum of s~ixty-fve dol
lsrs q the rate Of ten per , cent; per annum from
conveyed by said mortgages may be sold, save
and except said lots numbered one and two. in
block number seven, 80 as Aforesaid released
from the lien of said mortgages, and the proceeds
of the sale thereof applied to the payment of said
mortgages and rpromissory notes, with interest
thereon at the rate OF ten per cent. per annum
IS Aforesaid. and five hundred dollars counsel
fees, and costs of snit. And in case such pro-
ceeds are not sufficient to pay the same. then to
obtain execution axainst said defendants, Martha
Taylor Fckert Schwabe, Fred A.. bchwabe, and
tho estate OF the. said Mary Ann Eckert, do
ceased, for tho balance remaining due: and also
that ths raid defendants, and all persons claim
ing by. through or undor them or either of them,
may be barred and forsclofed of all right, claim,
lien, equity of redemption and intsrestin .nd to
said mortga9ed premises, save and except as re-
leased as aforesaid; and also that any and all
claims Of the said defendants, Henry Gebhardt
and Edward Wagner. in and to said premises, If
any claims they have, BE- adjudged and decreed
to be subsequent and subordinate to the lien of
said MORTGAGES and for general relief.
And you are hereby notified that il you fail to
appear and answer the said complaint, as above
required, the said plaintiff will apply to the
court for the re icf demanded in said complaint.
Given under my hand and the seal of the dis
trict court of the First judicial district Of the
state OF Montana, in and for the cudnty of Lewis
and Clarke, this twelfth day OF September, in
the year Of our Lord. one Thousand eight hundred
and ninety-ons.
[Seall JOHN BEAN. Clerk.
BY Fl. r. THOMPSON, Deputy Clerk.
MAssENA BULLARD,
Attorney for Plaintiff.