The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-16

GUMMONS-IN THE COURT OF
= the First judicial district Of the state OF
Montana, in and for the county of Lewis and
Fl. NJ. Brandegee and 3. N, Brandegee. part
ners doing and transacting business under the
firm name and style of Brandegee Bros plain
tiffe, We. William L. Steele, executor Of the last
c Wa1. aaq n. .ethau taylor Of Exert sohWabe, Fred a.
Schwabe, Henry Gebhardt and Edward Wagner.
defendsnts-Amanded summons.
The state OF Montana sends greeting to the
You are hereby required q. to b appear ard IN sn l, aGeiGH
i 61q 3ps s;s against co yoq p p the 1ns s sRste iu nsnSd p distsios
Of the state Of Montapa, in and for the county OF
Lewis and Clarke, and to answer the complaint
d d., u dh ssraic. S'i sftsr t the e sssvics s' oo sou q = H. &c
served out Of this county. but within this district,
according to the prayer Of said complaint
cr ahs 81 s ssis o oe51en for The { ef forssio. sa e q Two : o ss-
and executed By the said William 1. stesle y the
Ann Tckert: deceased. Martha Taylor Eckert
Schwabe and Fred A, 4chwabe, on the 21st day
o. August, 1889. the property embraced in and
lots, pieces or parcels Of land situate, lying and
being in the towneite OF tho city OF Helena, in
ras s etate o f Montana hsH I ana bo alsdIss' and nsep psr 1ata1ferE;
one, twe, -four, fourteen and fifteen, in block
uHuB k0fGU, lOL uuLlb6E JWO IA 0lOOA uAAhV
twenty-six. and lot number four in block num-
Der twenty-seven; as said. lots and blocks are
numbered, designated and described on the plat
OF said TOWNSHIP on file in the office Of IT, eonnty
recorder of said county Of, Lewis ana Clarke.
Said lots numbered one and two. in block num-
Der .. seven, having, b supse eaIs.aea e from ane t fae iien 81
said mortgages by the plaintiffs. Each of said
mortgages having been made to secure the pay
r. msn 1851 g made = ossti y PIT. pIdV Wiiiisym h L. st. ai..a :. : .ush
executor, and Martins Taylor Eckert bchwsbe
70; :nd t sss sum a. q s' afs.s th sssa d d :ila .0t snd D ssos
being payable in gold. OF Its, equivalent. on the
21st day Of August, 1892, to the order Of said H..
M. and Z, N. Brandegoe, with interest theseon at
the rate Of tan Per cent. per annum. interest pay
provided that in Case Of default in the payment
81 1id saS's sss Whole 4 Of e 81 ths a'r principal S . n and Interest
should become, at the option Of the mortgages.
bby tho terms thereof due and payable or not; and
interest interest e Of aaia notes Of and zach iae efthesm. and said
Of such default payable, and the amount due
upon said notes and mortgages in the aggregate
at the time of the commencement OF this action
being the sum OF six Thousand dollars principal,
together with interest thereon at the rate OF ten
per cent per annum from the 2lst day OF August,
insurance ss authorized b. said mortgages, to-
gethsr with interest on tho sum of sixty-fvo dol
lars At the rate Of ten per cent per annum from
Surveyed con By said mortgages may be sold, save
and except said lots numbered one and two. in
block nnmbsr Eeven, go as Aforesaid released
from the lien of said mortgages and the proceeds
of the sale thereof applied To the payment of said
mortgages and .promissory notes, with interest
Is aforesaid. and five hundred dollars counse oil
fees, and costs OF snit. And in Case such pro-
casds are not sufficient to pay the same, then to
obtain execution against said defendants, Martha
Taylor Eckert Bchwabe, Fred A.. Schwabc, and
the estate Of the. said Mary Ann Eokert, du
| ccnsed, for the balance remaining due: and also
that the said defendants. and all parsons claim
ing By. through or under them or either of them,
| may be barred and foreclosei OF all right, claim.
lien, equity of redemption and interest In md TO
snid mortaased premises, save and except AZ re-.
| leased as aforesaid: and also that any and NIL
| claims OF the said defendants, Henry Gebhsrdt
and Edward Wagner. in and to said premises, II
| any claims they have. bs adjudged and dccreed
| to be subsequent and subordinate, to the lien oil
said mortgages; and for general relief.
And you nreshereby notified that II you fail to
appear and nnswer tho enid complaint, ~ above
REQUIRED, the said plaintiff will apply to the
| court Tor tho relief demanded In said complaint.
Given under my hand and tho seal OF the dis
trict court of the First judicial district Of the
state of Montans, In and for the county Of Lewis
and Clarke, this twelfth day Of Septenbsr. IN
the year OF our Lord, one thousand eight hundred
and nirsty.one. r -
By II. X. THOMPSON, Deputy Clerk.
MAssENA BULLARp,
Attorney for Plaintiff.