The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-11-05

y the First judicial district OF the state OF
Montana. in and for tho county Of Lewis and
Ii. Nj. Brandegee and 3. N. Brandeges. part
ners doing and tr.nsacting business under, the
firm name and style Of HrAndegss Bros plain
viii and Testament. Of Mary Ann IRckert,, do
ceased, Martina lsyler Eckart sshwabs, fTed 4.
schwaDs. Asary aebhardt and Edward Wagner
acknowledgements summons.
The state. OF Montana sends greeting to the
above named defendant.
You arc hereby required to appear in an .ctioa
in the district court Of the FIRST Judicial district.
Of the state Of Montana, in and for ths county q
filed therein, within ten days. exclusive Of tho
day Of servico) after the service on you of this
served out OF this county, but within this district.
OF Judgment BY default will DO taken AGAINST you
The salo sction . brought To obtain a de.
cree OF this court for the for sclesure Of two Ger
a tain a mestE.daebb g. a &c aaid W " ths L. I. s,e ee@ : ps aha
executor Of the last will and testament Of Mary
Ann L,cksrt; deceased, Martha Taylor Eokert
Of Augpst, 1888, the property embraced in and
affected by said MORTGAGES being all those certain
lots, pieces or parcels 81 land situate, lying and
tho county Of Levi, and Clarke, then territory,
now state of Montana. bounded and particularly
described dns tbe fs as f9 9anrtss, te .nd sf Hess 1 ~ biaea
number seven; lot number two in Block number
twenty-six. and lot numher four in, block num-
numhered, desisnated and described on the plat
Of said townsitc on file ia the office Of the county
recorder of said county Of Lewis and Clarke.
Said. lots numbered enc and two, in block num-
Der fsv7n, having. S4bsequent to the execution
Of said mortgages, boon released from tbs lien OF
said "a i !. m g . IT ibg.sns BY y The The p plain 2 ID Eli Each +S Of sad :
u, 1859, made b.. said William i: Steele, ). such
and Fred A. srhwaba, eacn Of said notes being
for the sum OF three thousand dollars. and each
being payable in gold. or its equivalent, on the
NJ. and u. N. Brandesee, with interest theseon ut
the rate ct tan per cent, per annu'n: interest pay
s n1oyi Fundamentally, tbas I. os:s sn n5 s s.fh 1t ' al tha %o D,s1ssss
vided. the whole Of, this principal and interest
payable whether the same should at such time ba
by tho terms thereof due and payable or not: and
default having beon msds in the payment Of the
notes Hnd each Of them having bacome by reason
Of such default payable. and the amount due
u On . tima n q .s and Can m 9asss, s.a IN + The ,h ;;ss ,ss;as
bsinR the sum OF six Thousand dollars principal,
together with interest thereon At the rate Of ten
1850, and the sum of sixty-tiye. dollars paid tor
insurance a. authorized by said mortgages, to-
gethar with interest on the sum Of sixty-hve dol
lars At the rate OF ten per cent Per annum from
the 18th day Of January, 1891; that tho premises
conveyed by said mortgages may DO sold, save
and except said lots numbered one and two, in
block nun bar seven, no ms Aforesaid released
from tho lien of said mortgages and the proceeds
of the sale thereof applied to the payment of said
mortgage, and .promissory notes. with interest
thereon at the rate OF tan Fer cent. per annum
~ aforesaid. and Ave hundred dollars coun, OIL
fees. and costs OF suit. And in case such pro-
caeds arc not sufficient to pay the same. then to
obtain execution \ gsinst said defcndants, Martha
! ayior Eckcrt Schwaba, Bred A. Schwabs, and
the estato OF the said Mary Ann Eckert, de
ceased, for tho balance remaining due: and also
that tho said defendants. aud all persons claim
ing by, through or under them or either of them,
may be bArisa and forcclossl Of all right, claim,
lien, equity Of redemption and interest in md to
said rnortEaged% PREMISES, save and eacapt as re-
leased as aforesaid; and also that any and all
claims of this said defen ants, Henry Gebhardt
and Edward Wagner, in and TO said promises, if
any claims they have, bs adiudged and decreed
to be su hsequent and subordinate to the lien OF
said MORTGAGE: and for general relief.
And you are hereby notified that il you fail to
appear and answsr tho said complaint, as above
required. the said plaintiff will apply to tho
court for tho relief demanded in said complaint.
Given under my hand and the seal Of the dis
triot court OF the First judicial district OF tho
. alta Of Montana. in and for tha county Of Lewis
and Clarke, this twelfth day OF september. In
the year of our Lord, one Thousand eight hundred
and ninety-one.
[Seall JOHN BEAN, Clerk.
BY Fl. r. THOMPSON, Deputy Clerk.
MAssKNA BuLLARp,
Attorney for Plaintiff.