The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-22

SUMMONS-IN THE DISTRICT COURT OF
y the First judicial district Of the state Of
Montana. In and fer the county of Lewis and
b. NJ. Brandegee and =. N: Brandegee, part
ners doing and trsns.cting business under, the
firm name and style Of Hrandegee Bros plain
viii and testament Of Mary Ann lEckert., de-
cessed, Martha Taylor Fckert sehwabe, Fred A..
Schwabe, Henry GebhArdt and Edward Wagner,
defendants 4Amended summons.
The state Of Montana sends ~greeting to the
above named defendants.
brought against you by the above named plaintiff
IN the district court Of the First judicial district
Lewis Wis ma nd Clarke il. and to a answer the complaint
fled therein, within ten days. exclusive Of the
day Of %ssrvice) after the service on you Of this
served on. Of this county. but within this district,
within twenty days; otherwise within forty days.
cree OF This court for the Foreclosure Of two cor
and executed by The said William l.. Steele Is the
executor of the last will and testament OF Mary
Ann Eckert; deceased, Martha Taylor Eckert
Of august, 1889, the property, embraced in and
affected by said MORTGAGES being all those certain
t being IN the o 'o Salst.s Of { the laau city sstu Of Helena ,aeas Inv IN
the county of LOWS and Clarke, then territory,
now state of Montana. bounded and particularly
one, two, four, fourteen and fifteen, in block
number seven; lot number two in block number
tw = and lot number na?f, ,d four in. in b h7o.L1 mum =
numbered, designated and described on the plat
Of said townsite on file in tho office Of the county
Said lots numbered one and two. in block num-
Der feven. having, subsequent to the execution
Of said mortgages, been released from the lien OF
said mortgages by the plaintiffs. Each OF said
mortgages having been made to secure the pay
mens Of a certain promiissory note, dated Aug.
executor, and Martha Taylor Ecksrt schwsbs
and Fred A. Schwabe, each Of said notes being
for the sum Of three thousand dollars, and each
21st day of August, 1892, to the order Of said H..
NJ. and u. n. Brandesee, with interest theseon At
t th,a rate Ct TIN Der cent mt per e,cb .n n, mi interest n,n, pay.
provided that in Case Of default in the payment
Of interest as in such, noto and mortgage pro-
should become, q. the option OF the mortgages,
payable whether tho same should at such time b.
by the terms thereof due and payable or not: and
interest of faid notes and each ufthem. and ssid
notes and each Of them having become by reason
u Upon snG a,i a' notes ann aIa msfts sne i IN the s~s .esrss aas
et the time OF tho CONNIE ncement of this, action
being the sum of six thousand dollars principal.
logether with interest thereon at the rate Of ten
per cont per annum from the 21st day Of August,
1870, and the sum OF sixty-tve. dollars paid for
sasSssn wits 6 i n",nst' on ts ~ sum ssnh d n siasy.svs d o.
lars at tho rate of ten per cent per annum from
tho 18th day OF January, 1891; that the promises
= 's.A AASttBSto' naoy D0 .OIh, DnvO
and except, said lots numbered one and two. in
block nnrnbsr seven' 80 as Aforesaid released
of tho salo thereof applied to tho payment Of said
mortgages and .promissory notes. with interest
thereon at The rats Of ton or cent. per snnum
~ aforesaid. and five hundred dollars coun, oil
fsos, and costa OF suit. And in case such pro-
ceeds are not sufficient to pay the zane. then to
obtain execution against said defendants, Martha
Taylor Eckert Schwabe, FRED A. Schwabs, and
the estate of tho said Mafy Ann Eckert, do.
ceased, for the balance remaining due: and also
that the sail defendants, and all persons claim
ing By. through or under them or either of them,
may be lar. cd and foreclo,ei Of all right, claim.
lion, equity OF redemption and interest In Ind to
said mOrtGased p%renises, rave and % cept M re.
leased az aforesnid: and also that my and all
claims OF the said ,iefen ants. Henry Gebhardt
and Edward Wagner, in and TO said prcmisss, II
any claims they have. b. adjndgad and decreed
to DO subsequent and suburdinAte to the lien OF
said mcrtgages. and for general relief,
Ard you arc hereby notified that 1t You fail to
appear and answer the said complaint, IS above
required. tho said plaintiff will Apply to the
conrt tor tins relief demanded In said complaint.
Given under my hand and trc seal Of the dis
triot court Of the First judicial district OF this
state Of Montans- In and for the county Of Lewis
and Clarke. this twelfth day OF September. In
the year of our Lord. one Thousand eight hundred
and ninety.ons.
tSeal1 JOHN BEAN. Clerk
BY H.. X. THOMPSON, deputy Clerk.
MAsssNA BuLLARp,
Attorney for Plaintiff.