Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1891-05-07
summons

In the District Court of the Eighth Judicial
District of the State of Montana, in and
for the County of Fergus.
EDwARD KNIGHT, Plaintiff.
WILLIAM WALLACE, SE., and
HELEN c. WALLACE, Defendant.
The State of Montana sends greeting to
the above-named defendant: You are here
by required to appear i'm an action brought
against you by the above-Damed plaintiff
in the District Court of the Eighth Judicial
District of the State of Montana, in and for
the County of Fergus, and to answer the
complaint filed therein, within ten days
exclusive of the day of service) after the
service on you OF this If served
within this county; or, if served out of
this county, but in this district, within
twenty days; otherwise within forty days,
or judgment by default will betaken against
you, acc riding to the prayer of said COM
plant. The said action is brought to OBJ
tain a decree of this court for a foreclosure
of a certain mortgage described in the COM
plant and executed by the said defendants
on the 81 day of December, 1884, to secure
the aynen of a certain promissory note
made by said defendants to one Theodore
H.. kleinschmidt, oil the same day. for
$500, payable three months after date. with
interest at the rate of IL per cent per
month, which said note was by the said
Kleinschmidt for value received sold and
assigned to plaintiff, now the lawful owner
and holder thereof; plaintiff alleges hat no
part of said note has been paid, and that
there is now due thereon the sum of $500
principal and the sum of 800 interest; also
to obtain a decree of this court foreclosing
a certain other mortgage described in plain
titfs complaint and executed by said tie
PENDANTS TO plaintiff upon the 18th day of
January 1885, to secure the paymen of
a certain other promissory note made and
executed by SAID defendant, William Wal
lace, ST., to this plaintiff upon said 18th
day of January for the sum of S53S. Is. pay
able six months after date, with interest at
the rate of 1t per cent per month, alleging
that no part OF said note has been paid and
that there is now due thereon 1894 81. and
demanding SlS0 attorneys fees Tor foTeclos-
ing said mortgage; that the premises con-
veyed by said mortgage may be sold and
the proceeds thereof may be applied in pay
ment of the amount due upon said notes.
costs of suit and attorneys fees, and in case
such proceeds are not sufficient to pay the
same, then to obtain an execution against
said William Wallace for the balance re-
naming due, and that said defendants and
all persons claiming under them may be
barred and forever foreclosed of all right.
title and claim, equity of redemption and
interest in and to said premises. and for all
other and further relief.
And you are hereby notified that if You
fail to appear and answer the said COM
plant, as above required, the said plaintiff
will take default against you, the said de-
PENDANTS, and apply to the court for the re-
lief demanded in plaintiffs complaint on
file herein.
Given under my hand and the seal of the
District Court of the Eighth judicial
District of the State of Montana, in
and for the County OF Fergus, this
Sd day of May, in the year of our
Lord one thousand eight hundred
and ninety.
lSEAL.l d.. A. MEAeHER,
Clerk.
AsHBURN X. BARBOUR,
Atty. for Plaintiff.