The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-17
SuMMoNs-N THE DISTRICT COURT OF
y the First Judicial district Of the state Of

SUMMoNs-IN THE DISTRICT COURT OF
- the First Judicial district of the state OF
Montana. in and for the county of Lewis and
Il. NJ. BrandeGee and 2. N. Brandegee, part
firm name and style Of BrAndezee Bros plain
viii and testament Of Mary Ann Eckert.- de-
ceased, Martha Taylor Eckert Schwabe, bred A.
Schwabe, Henry Gebhardt and Edward Wagner,
Observation-Disclosures m
The state of Montana sends greeting to the
above named defendant.
You are hereby required 70 appear IN an action
in the district court Of the First judicial district
of tho state OF Montana, in and for the county Of
fi { th sae cle witsiin aq len e as sns" {s.e s | 1om e shs
day of ~service) after the service on you Of this
summons, if served within this county; or, il
within twenty days; otherwise within forty days.
OF Judgment BY default will be taken asainstyou
according to the prayer af said complaint.
cree OF this court for the foreclosure of two GER
tain MORTGAGES described IN the said complaint
Ann Ecksrt. deceased, Martha Taylor Eckert
schwabe and Fred A, sohwabe. on the ,2lst day
sffe ntsI1 b. s said m MOI paeest Being sn ali those certain oa tain
lots, pieces or parcels Of land %situats, lying and
being in the townsite Of the city Of Helena. in
now state of Montana, bounded and particularly
described as follows. to-wit: Lots numbered
one, two, four, fourteen and fifteen, in block
twenty-six. and lot number four in block num-
Der twsnty-seyen: rs said, lots and blocks are
numbered, designated and described on the plat
of said tOwnsite on file in the Office of the county
recorder of said county of, Lewis and Clarke.
said lots numbered one and two. in block num-
81 81, ss ssye mo1 hayins, b subs9 9sloasso e f,o the t f.s ;ian n
said mortgages by the plaintiffs. Each OF said
mortgages having been made to secure the pay
II, 1859, made by said William L. Steele, az such
exeontor. and Martha Taylor Eckert Schwabe
and Fred A.. Schwabe, zach Of said notes being
being payable in gold. or Its. equivalent, on the
2ist day Of August, 1882, to the order Of said H:
N. and E, N. Brandegee, with interest theseon at
the rate OF tan Per cent. per annum. interest pay
able asmi-annually, and each Of said mortgage
provided that in case of default in the payment
viided,. the Whole Of the principal and Interest
should become, at the option Of the mortgages,
payable whether the same should at, such time b,
default having been made in the payment Of the
interest of said notes and each Of them. and said
notes and each of them having become by reason
upon said notes and mortgages in the aggregate
ct the time of the commencement Of this action
being the sum Of six thousand dollars principal.
together with interest thereon ut the rate OF ten
per cent per nnnum from the 21st day Of August,
1890, and the sum of sixty-ive. dollars pIid for
eethor with interest on the sum of s~i1ty-fve dol
lars At the rate of ten per cent per annum from
tho 18th day Of January, 1891; that the promises
conveyed by snid mortgages may DO gold, save
and except said lots numbered ono and two. in
block number seven, 80 rs aforesaid released
from the lien of said mortgages and the proceeds
of the sale thereof applied to the payment Of said
mortgages aud .promissory notes. with interest
theroon at the rate OF ten Per cent. per snnum
o. aforesaid. and five hundred dollars coun, oil
fees, and costs OF suit. And in case such pro-
caeds nre not sufficient to pay the same, then to
obtain execution against said defendants, Martha
Taylor Eckert Schwabe, Fred A, bchwabs, and
the estate Of the said Mary Ann Eckert, do.
ceased. for the balance remaining due: and also
that the said defendants, and all persons claim
ing by. through or under thom or either of them,
may be barred and foreclosel Of all right, claim.
lien, equity of redemption and interest In Ind to
said mortgaged premises, save and except ms re-
leased as aforesaid: and also that any and all
claims Of the said defendants. Henry Gebhnrdt
and Edward Wagner. in and to said premises, If
any claims they have, b. a~djudged and decreed
to be subsequent and subordinate to the lien of
said mortgages; and for general relief.
And you are hereby notified that II you fail to
appear and answer tho said complaint. ~ abovo
required, tho said plaintiff will apply to the
conrt Tor tfs relief 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 county OF Lewis
and Clarke, this twelith day OF September, in
the year of our Lord. one thousand eight hundred
and ninety-ons.
lSealJ JOHN BEAN. Cierk
BY II. r. THOMPSON, Deputy Clerk.
MAssrNA BuLLARD,
Attorney for Plaintiff.