The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-11-07

SUMMoNs-1N THE DISTRICT .GounI OF
Montana, in. and for the county Of Lewis and
Clarke. ~
ners doing ana transaoting business under the
firm name and style of Erandegee Eros i, plain
tile, vs.. William i. Steele, executor Of the last
osNsad, kartha taylor J exert Schwabe, tred A..
Schwab be, +. enry tiebhardt and Edward Wagner,
ACCOMPLISHMENTS a+;n. tha
above named defendant . A.
You are hereby required to appear in an action
il the district court 81 the First judicial district
Of the state Of Montana, in and Tor tina county q
3;1sT th an. Cls ,s;{s;n an al 19 1s snsr ts.d th ! son e aha
day Of seryica) sitter TIE service on you OF th!s
summons, il served within this county; o.. il
within twentydays; otherwise within forty days,
y Indictment by defsult VII b taken syainst you.
cree ot thia cou.t fur t1e foreclosure Of two cor
tain mortgages dos cribsd il the said complaint
executor Of the last will AID Testament Of Mary
Ann Ickert. .deesaAed, Martha Taylor Ickert
schwabe and \ re y, ohwabo, On the 21st day
affected BY said rnortssgss being all those certain
lots, pieces Of parcels u land situate, lying and
tn county q Levi, and Clarke thon territory,
now state Of Montana, bounded and particularly
described IS follows, to-wit: Lots num bered
WIG LWtRt 1ON1S t4lGGG HiSt aoN.ILtt 80 'hcoH
number even; lot number two in, block number
twenty-six, and lot number four in, block NUM-
pr t9Tsnty-ssyGn a. ss W. lot -; a nc p plof fhs n IT,
OF said tuWnsits on file ID tile office OF the county
recorder OF said county OF Lewis ana Clarke.
Said lots numbered ono aud two, in block nnm-
bar scvan, LAYING, subsequent ~ the execution
Of ssiti MORTGAGES, BEEN roteaseds9 from the lien of
said m'rtgsses by the plaintiff. Each OF said
n1urts ages having been made to secure the pay
Il, 1859. made BY .aid william i; tteele, !. such
md fred a. schuabs, each Of said aotcs being
for tho sum Of. three thousand dollars, and each
being pnyaols in gold, or it,, eaulya.ent. on tho
NJ. and II. n. Ernndesee, with interest theseon at
tho rate Of TN per cont, per annuTn, interest Day
nroyidod that in case Of default in tho payment
of interest as in such, note and .mortgnge pro-
vided, the whole of thu principal! and iAterest
payable whether TIE same shouldn't such tims b,
by tho terms thereof due and payable or not: and
interest Interest Of raid notes and each Of them, and said
notes and each Of hem having become by reason
Of such default payable, and tho am mt dug
at tho time OF the CONNIE ncemont of this. action
bsipg ths sum Of six thousand dollars principal.
together with interest thereon a. tho rate OF ton
per cent per aanun, from the list day of August,
lspo. and tho sum OF sixty-tivs, dollars psld for
insurance ~ authorized by anil mortgages. TO-
lars ~ the rats OF ton PEI, cent nn per annum iron,
tho 18th day OF January. 1881; that the promises
conveyed by said mortgages may Tn SOLD, BaVo
and except said lots numbered ono and TWO, in
block number seven, 70 AS Aforesaid Released
from the lien of snid mortgages and the rrccesdss
OF tho sale thereof applied to the payment ofsH,d
mortgages and %.proniSsory notes, with Interest
tEereun at the rate of ton or cent, pbr snnum
rs aforesaid, and FIVE hundred dollars conn Q!
fees, and tns,s OF aHit. And in caso such pro-
caeds aro not s~utiicient to pay the same, then 70
obtain execution AGAINST said defendants, Marthal
d aylor llukert hohwaba, Erad A. Hohwabe, and
tho estate OF the. aaid Mary Ann fokor1, 90
coaseu, Tor tho balance remaining duo; anu also
that tho raid defendants. aud all persons claim
ing by, through or under them or Eithar or them,
my 10 Lariod aud fureclose OF nj right, olaim.
lion, equity Of redemption and ,ntore'tin nd 10
eaid mortNaead rrcn,iseH, eav0 anti c:oept AZ re,
leased No aforesaid, and Also that nny. and Al
claim Of tho said yleftn ants, Henry Gahhardt
And Edward Wagner, in and to said nrenisea, "
m mr claims they have. b. adjuased and decrecd
To- la sihseouent and subordinate. to the lien OF
said mortgages and FOR general relief
sp nsn and answer Tho Maid complaint, ~ above
court Tor tua reiief. demanded III aNid complaint,
Given under my hand and tho seal ct thu, dis
triot court Of tho First Judicial district .of the
state of Montana, In and for the county Ut Lewis
and clarke, this twelfth day OF ,bep.temher. IL
the year Of our Lord. one Thousand eight hundred
and ninety.ons.
tSeAll U JOHN bean, GierS
- Iy III. II. THOMPSON, Deputy Glork,
MAhBENA HtIllARD,
Attorney FOR Plaintiff.