The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-11-11
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| SUMMoNs-IN THE DISTRICT COURT OF
~ the First judicial district OF the state Of
Montana. in and for the county of Lewis and
Il. NJ; Brandeges and e. N, Brandeges, part
ners doing and transscting business under the
firm name and style OF BrAndegee Bros plain
title. vs.. William L. Steele, executor of the last
will and testament, of Mary Ann :Ecksrt,. de-
seawsbs si HEM, 1 nsbSsr ae. and sGfadw wapd v Wssne a;
defendanls-Amended
Tho state Of Montana sends greeting to the
You are hereby required to appear in an action
brought against you by the above named plaintiff
Of Of t aho a TT. ct G monts az .h IN ana to 9ad tho oon a,s5rl 81
Lewisand. Clarke, and to answer the complaint
filed therein, within ten days. exclusive ot the
served out Of this county. but within this district,
according to the prayer Of said complaint.
The saio action 9 brought to obtain a de-
tain mortgages described in the said complaint
and o1esuted by the said William +. Steele as the
s ans tor Of the last will and % testament Of Mary
schwabe and Fred A, Schwabe. on the 21st day
q Angpet, 1889, tho property. embraced in and
lois, pieces or parcels q land Situate, lying and
being in the towneite Of tho city Of Helena. in
ths county Ct Lewis and Clarke then territory.
described as follows, to-wit: Lots numbered
one, two, four, fourteen and fifteen, in block
NUM- oT toRels l0t nuUD0r TWO IN Dl0Ck lOnper
twenty-six, and lot number -four in block num-
Der twenty-ssyen; as said, lots and blocks ara
numbered, designated and described on the plat
recorder OF said county Of Lewis, and Clarke.
Said lots numb bored ono and two. in block nnn,-
Der .sy7n, having, subsequent to the execution
said mortgages by the plaintiffs. Each Of said
mortEages having been made to secure the pay
Il, 1859, made BY said Wiliiam /. Steele, as such
executor, and Martha Taylor Eckert Schwabs
and Fred A. schwsbe zach Of said notes being
being payable in gold, or its, equivalent, on the
2ist day OF August. 1892, to tho order of said II.
tho rate Of ten Dor cent. per annum. Interest pay
able selni-nnnually and each Of said, mortgages
provided that in case Of default in the payment
vided, the whole of the principal and interest
should become, at the option OF the mortgages,
p bSy tho terms Mre' ther soe dun ana ae0 pa1a i, sa or n enhs sn "a
interest Of said notes and each ofthom. and said
Of such default payable, and the amount due
upon said notes and mortgages in the aggregate
ct the time OF the commencement OF this. action
being tho sum OF six thousand dollars principal,
~togeth0r with interest thereon at tho rate of ten
per cent, per annnm from tho alst day of August,
insurance AZ authorized by said morteages, to-
eether with interest on the sum of s~ixty-five dol
lars ~ the rate ct ten per cent per annum from
conveyed by snid mortgages may be- sold, save
and except said lots numbered ono and two. in
block number seven, SO as aforesaid released
from tho lien of said mort9ag es, and the prcceeds
Of the sale thereof applied to the payment of said
mortgages aud .pronissory notes, with interest
thereon at tho rats OF ten ger cent. per anuum
~ Aforesaid. and five hundred dollars coun, 81
fees, and costa Of suit. And in case such pro-
ceeds arc not sufficient to Ray this came, then TO
Taylor lickert sohwnbe, Fred A.: schwabe, and
the estate of tho said Mary Ann Eckert, do
for the balance remaining due. and also
that tho rNid defendants. and all persons claim
ing by, Through or undor them or either OF them,
may DO barred aud foreolosel of all right, claim,
lien. equity OF redemption and interest in and to
mOrtSased %rsnlisea saNo and except US re-
leased as aforesaid; and also that any and all
claims or the said defendants. Henry Gehhnrdt
and Edward Wagner, in and 10 said premises, IL
claims they have. be adiudsed and decreed
to be subsequent and subordinate to- the lien OF
said mortsages; and for general relief,
And you are hereby notified that il you fail to
appear and answer tho said complaint, ~ above
tho said plaintiff will apply to tho
,onrt FOR tho relief demanded in said complaint.
Given under my hand and tho seal OF the dis,
[rict court OF tho First judicial diatrict OF the
state Of Montana, In and for the county OF Lewis
md Clarke, this twelfth day OF September. in
The year of our Lord, one thousand eighthundred
md ninety-ons,
lSesll JOHN BEAN, CLERK.
BY II. X. THOMPSON, Deputy Clerk.
MAssxNA RuLr.Anp,
Attorney for Plaintiff.