The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-03
IUMMONS-IN THE DISTRICT COURT o
~ the First judicial district Of the state d
Montana. in and for the ounty of Lewis IN

- IL e lTBL VuulCAl ulBuElCU Ol the bl6US Z
Montana. in and for the county of Lewis IN
H. NJ. Brandegee and T.. N. Brandegeo. par
firm name and style Of Hrsndegse Bros plai{
tifte, vs.. William l.. Steele, executor Of the ls
win and testament Of Mary Ann Eckert. d
Schwabs. Henry iebhardt and Edward Wayne
Acknowledgements
The state Of Montana sends greeting to tt
above named defendants.
You are hereby required TO- appear in an actie
brought against you By the aboye named plla9inti
Of the state OF Montana, in and fol. ths county
filed therein, within ten days. Exclusive Of I'll
mamon Il served within 1thi. county; o..
served out Of this county, but within this distric
within twenty days; otherwise within forty day
q to t. prayer Of said Complain.
The saio action 2 broughr to obtain q
cree o. tn. court tor The iorsclosar? Of two 81
and executed by the said William L. Steele as t
executor of the last will and testament Of Ma
schwabe and Fred a, Echwabe. on the 2lst d
Of, August, 1885, the property embraced in al
affected BY said mortgages being all those certa
being in the townsite Of the city Of Helena,
now state Of Montana. bounded and particular
one, two, four, ~sourtaen and fifteen, in blo]
number seven; lot number two In block numh
twenty-six, and lot number four in block nul
Der twsnty-seyen; as said lots and blocks .
numbered, designated and described on the pl
of said townsite on file in the office of the coun
Said lot. numbered one and two, in block nn7
ber seven, having, subsequent TO the exeGutld
Of said mortgages, been released from the lien
mortgages having boon made to secure the "a
mont Of = certain prorlissory note, dated Au
u, 1859, made by said William L. Steele, a. su
and Fred A. Schwabe, each Of said notes bell
for tho sum Of three thousand dollars, and ca
being payable in gold; or its equivalent: on !
21st day Of August, 1892, to the ordor OF said
NJ. and II, N. Brandegee, with interest theseon
the rate Of ten per cent. per annum. interest pa
able sGay; ssmit tSaf in a,.s sn ~ s safs It i Sa'd tbe m9 D.1ms
of interest rs in such. note and mortgage pr
vided, the whole Of the principal and intere
payable whether the same should at such time
by the terms thereof due and payable or not: al
default having been made in the payment Of t
notes and each Of them having become by reast
of such default payable, and the amount d
upon said notes and mortgages in tho aggrega
at the time Of the commencement OF this. actii
being the sum OF six Thousand dollars principi
together with interest thereon at the rate OF
per cent per annum from the 21st day OF Angus
insurance rs authorized BY said mortgages, Y
gsthsr with interest on the sum of sixty-fve d.
lars At the rate OF ten per cent per nnnum FRO
conveyed BY said mortgages may be sold, ga
and except said lots numbered one and two,
block number seven, 30 as aforesaid releas
from the lien of said mortgages, and the prccee
Of the sale thereof applied to the payment Of SO
mortgagey and .proInissory notes. with intere
thereon at the rate OF ton per cent. per snnu
IS aforesaid. and FIVE hundred dollars coun,
fees, and costs OF snit. And in case such pr
Deeds are NOT sufficient to pay the same, then
obtain execution against said defendants, Mart
Taylor Eckert Schwabe, Fred A.. Schwabe, Al
the estate of the said Mary Ann Eckert, q
ceased, for the balance remaining due: and al
that the said defendants, and all persons clair
ing by, through or undor thom or either of theI
maj be barred and foreclosed of all right, claii
lien, equity OF redemption and intereetin and
said mortgaged premises, save and except as 4
leased as Aforesaid: and also that any and 4
claims Of the said defendants Henry Gebhar
and Edward Wagner. in and to said premises,
any claims they have, be adj1dged and deere
to be subsequent and subordinate to ths lien
said mortgages; and for general relief.
And you are hereby notified that II you fail
appear and answer the said complaint, as aboj
required, the said plaintiff will apply to
court for the relief demanded in said complain
Given under my hand and tine sea- Of the. di
trict court of the First judicial district of Il
state OF Montana. in and for the county of Lew
and Clarke, this twelfth day OF September
the year Of our Lord, one Thousand eight hundr(
and njnety-one.
[Seall JOHN BEAN, Clerk.
By III. r. THOMPSON, Deputy Clerk.
MAssENA BuLLARD,
Attorney for Plaintiff.