The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-11-04
cuMMoNs-IN THE DISTRICT COURT or
y the First judicial district OF the state OF
M ontana. in sndS for the county of Lewis and

CUMMONs-IN THE DISTRICT COURT OF
y tho First judicial district Of the state OF
Montana. in and for the county OF ana
Il. NJ. Brandegee and =. n. Brandsges; part
firm name and style S Ct hr.n s1.cnto rro o.; ithee ii lat
ceased, Martha 1ayler Ecksrt Sehwabs, hTed 4.
Observation-Disclosures mmo
The state of Montana sends greetins to the
above named defendants. n, !, ~, .ct,on
IN ne district court 81 tho First iudisci.l district q;
Il lewis We ana mae Clarke, and % .a.w.r The complaint
filed therein, within ten day.. (sxcluslve Of ne
day Of service, .. .ftsr t thi sery tSi. On oo1 yoH o. Or. mi Il
served out Of this county, but within this District
within twontyd days; other,Mise within tory days'
socssrdins to To prayer 81 aid eemplaint.
The snio action > brought-ts obtain a o.
cree ere. %o TIL, esat a.t for tss f IN ' tho .sid pt oo an . sint
and executed by the said Wiillism L. stee.e - the
executor Of the last will and testament Of Mary
echwabe and Fred A, ~Eohwabe. on the 21st day
Of August, 1889, tbs property embraced IN ano
Effected ;d{. a;a1 By said al a mest:. g i. Ss5n s;t ~ ts0i ;si 9s't and
t Hes1 county an t9e Il %sWi. and cisrEe,' then t%srritory,
described as follows, to-wit: Lots numbered
one, two, four, fourteen and fifteen, in block
1nan9sr seven .na lot 5a, n nnmssr t fonl IN IL 0l Siaop nu naaar
numbered, dssignsted and described on the plat
r 81 sa,a rU Of said &C County mt = Of ! Lewis vi and Clarke.
Said lots mum bered one and two. IN block num-
Der sev7n. having, subsequent to the execution
Of said mortgages, been released from tho lien OF
said mortgages by the plaintiffs. Each OF said
mortgagss having been made to secure th' pay
f. nsn 1885, g. made = saE'f ~ . pidiV Wiiiissm II l.. steele I, =. such
executor. and Martha Taylor Eckert Schwabe
and Fred A. schwabe, each Of said notes being
being payable in gold: or its, squlyalent: on the
2lst day Of August. 1882, to the order Ct said
The II. rate q 81 tan l.; Der cent. per e'y annum. interest pay
provided that in oase Of default in the payment
vided, the whole Of the principal and interest
should become, At the option Of the mortgages.
payable whether the same should At such time be
by tho terms thereof due and payable or not: and
a ines1sss s Ii ..id e ssta, n and . IA fl e. P sssm. and d s I'D
o o2t sno hn ds fsoh q p. sS = s4n sna e ess a@e Ss se' dae
upon said notes and mortgages in the Aggregate
nt the time OF tho commencement OF this action
being the sum of six thousand dollars principal.
together with interest thereon At tho rate of ton
per cent per annum from tho 2lst day of August,
Insurance insu, sne 'a a. s AUTH ni sld' 81 .sii mort morfga psa. to-
gether with interest on the sum OF sixty-hve dol
lars Ct the rate Of ten per Ger, cent Per a.. annum am from
e os 81 sid morts.gss may be- sold, save
and except said lots numbered one and two. in
block number seven, SO As Aforesaid released
from tho lien of said mertgnxes,and the proceeds
Of the sale thereof applied to the payment of said
mortgages and .promissOry motor, with interest
thereon at the rate of ton per cent. per snnum
Is aforesaid. and five hundred dollars coun' el
fees, and costs OF snit. And in case such pro-
cesds are not sutacicnt to pay the same, then to
Z aylor Eckert kchwabe, Fred A; Schwabs, and
the estate of tho said Mary Ann Eckert, do
ceased, for tho balance remaining due; and also
that the baid defendants, and all persons claim
ing by. through or under them ar either. of them,
ma be barred and foreclosel Of all right, claim.
lion, equity Of redemption and interestin md to
said mortgaxed promises, save apd except as re,
leased Us Aforesaid: and also that any and all
claims of the Gaid defen ants. Henry Gebhardt
and Edward Wagner. in and to said premises II
any claims they HAYS. b, adjudged and decreed
to be subsequent and subordinate to he lien of
said MORTGAGES: and for general relief.
And you are hereby notified that Il you fail to
sppear and answer tho said complaint, a. above
REQUIRED, the said plaintiff will apply to the
court FOR the re iof demanded in said complaint.
Given under my hand and tho seal Of the. dis
trict court OF the First judicial district OF tho
STATE of Montana, In and for the county OF Lewis
ana Clarke. this twelfth day OF September. in
the year of our Lord, one Thousand eight hundred
and ninety-ons.
80 BY H.. r. THOMPSON, Deputy Clerk,
NASsENA RULLARD,
" Attorney for Plaintiff.