The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-23
Helena, Mont, Oct. 16. 1891.
.UMMoNs-N THE DISTRICT COURT OF
the First judicial district Of the stats OF
Montana, in and for the county of Lewis and

SUMMoNs-M THE DISTRICT COURT OF
- the First judicial district OF the state OF
Montana. in and for the county of Lewis and
Ii. Nj. Brandesee and Z. N. Brandegee, part
ners doing and transscting business under the
firm name and style Of brsndesee Bros plain.
. Mife M, xsj M Testament nt e Of M,.r s1e ANN E 81 ere de- de.
ceased, Martha layler Eokert schwabe, bred A..
Schwabe. Henry Gebhardt and Edward Wagner,
defendants-Anended
The state OF Montana sends greeting to the
above named defendants.
You are hereby required to appear IN an action
in the district court Of the frat judicial district
Of The state Of Montana. in and for the county Of
fled therein. within ten days, exclusive Of the
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.
or judgment by default viii Be taken a?ainstyou.
creo Of this court for the foreclosure Of two Ger
tain mortgages described in the said compliant
executor Of the last will and estament Of Mary
Ann Eckert: deceased, Martha Taylor Eckert
schwabe and Fred A, schwabs, on the .21st day
affected BY eaid mortgage being ali those certain
lots. pieces or parcels of land situate, lying and
be, 6eip ooa in the Of tG Ps1i. sn sf t. disr iity t Gt h t%.sT;tor IN
now state of Montana. bounded and particularly
described as follows. to-wit: Lots numbered
one, TWO, IOuF, 1OuEL0Hu auo Ntlcou, IL plOCA
number seven; lot number two in block number
twenty-six, and lot number four in block num-
Der twonty-seven; as said, lots and blocks are
of said TOWNSHIP ON file III the office of the county
recorder of said county of Lewis and Clarke.
Bald Ssl lot, mum IN n besed . one and two r. IN NJ BLOCK ocac mum,
OF said mortgages, been released from the lien OF
said mortgages by the plaintiffs. Each OF said
ment Of = certain promissory note, dated kns.
s1eoator, and Martha Taylor Ecksrt schwabs
for the sum of three Thousand dollars. and each
being payable in gold. or its equivalent, on the
Slst . nay e. q A. Su Bpsnd lsm, to VIII tn ,n tsass t II ssaa II !;
the rate Of ten per cent. per annum: interest pay
able ssmi.annually, and each Of said mortgages
vided, the whole Of the principal and interest
should become, at the option Of tho mortgages.
payable whether the same should at such time b.,
by the terms thereof due and payable or not: and
default having been made in tire payment Of tho
, nntes sn d e sa,a a no tSsm mn h. saGn 81 ba sas%, b an Ts. sa,n
of such default payable. and the amount due
upon ssid 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 21st day OF August,
le9O, and the sum OF sixty-tive. dollars paid Tor
insurance a. authorized by said mortgages. to-
gsthsr with interest on the sum of s~ixty-ive dol
tho 18th day Of January, 1881 ST. that the premises
conveyed BY snid mortgages may DO sold, save
and except said lots numbered one and two, in
block number seven, so us aforesaid released
from the lien of said mortgages, and the proceeds
of the sale thereof applied to the payment of said
mortgages and .prolnissory notes, with interest
thereon at the rate of ten Per cent. per anuum
~ aforesaid. and Ave hundred dollars coun 81
fees. and costs of suit. And in case such pro-
cesds are not sufficient to pay the same, then to
obtain execution against said defendants, Martha
4 aJlor Eckert Hchwabs, fred A. Schwabs, and
tho estate OF tho said Mary Ann Eckert, de
ceased, for the balance remaining due: and also
that tho snid defendants, and all persons 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 intere-tin md to
said lnortgaxed premises, say9 and except as re-
leased as aforesaid: and ALEC that any and all
claims OF the said Defendants. Henry Gebhardt
and Edward Wagner. in and 10 said premises, II
any claims they have. bs ndjudged and decreed
to be subsequent and subordinate to the lien Of
said mortgages; and for general relief
And you arc hereby notified TINT IL you fail to
appear and answer the said complaint, rs above
required, the said plaintiff will apply to the
conrt Tor tho reliet 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 twelfth day OF September. in
tho yoar OF our Lord, one thousand eight hundred
and ninety.one. -
LScal1 JOHN BEAN, Clerk.
BY H.. X. THOMPSON, Deputy CloEk.
kABsENA BULLARD,
Attorney for Plaintiff.