The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-21
SUMMONS-IN THE DISTRICT COURT OF
y the First judicial district. of the state Of
Montana, in and for the county Of Lewis and

SUMMoNs-M THE DISTRICT CoURT OF
tbs First judicial district. of the state Of
Montana. in and for the county Of Lewis and
H. NJ. Brandegss and =. N. Brandegee, part.
ners doing and transacting business under. the
firm name and. style ct B9rsndegee Bros plain
Viz wiIi . ND 1 test.me ni e 81 Mar s'e San E q sns l d..
ceased, Martha 1aylcr Ecksrt Schwabe, bred A.
schwaDs: Henry y. Gebh. q md Edward Wagner
above named defendant.
brought against you by the above named plaintiff
IL the district court Of the First judicial DISTRICT
Iew .hs an: s1sts c 4. Hen saa 70 IN answer a J r0t thu ses e comply ot
day Of -servieeJ) after the service on you Of thi.
served out Of this county. but within this district,
: q 5aaE%sP e K Z. a s,sgst y all II. q t es.Pi.Is,. YOU
cree Of tnis court osstS for the for:alo.are s q two .es-
and nd e asa9iedf b. 1 the aaid W Vi LIZ 1. s,e sstsa p the
Aabz, Hos snd f dss'. Z a,h MsEth. = T, ,Es ~, Eek ST
affected By said mortgage, peing al those certain
being eli p in the = 'eR~ arssts Of e the dapo city s.tu q H ,seas .i IN
the county Of Levi. and Clarke, then territory,
now state of Montana. bounded and particularly
described as follows, to-wit: Lots numbered
one, two, four, fourteen and fifteen, in block
number seven; lot number two in block number
twenty-hix. and lot number four in block mum
numbered, designated and described on the plat
of said townsite on file in the Office of the county
Said lots mum bercd ono and two. in block nun-
bar seven, having, subsequent to the execution
said mortgagss by the plaintiffs. Each Of said
mortgages having been made to secure tbs pay
ment OF . certain promissory note, dated Aug.
executor, and Martha Taylor Eckert Schwabs
and Fred A. Schwabe, each Of said notes being
for the sum Of three thousand dollars. and each
boing payable in gold. or Its. equivalent, on the
Dist day Of August, 1882, to the order OF said II.
N. and E N. Brandegee, with interest theseon ut
sbles smi-annusliy, and each Of said mortgages
provided that in case Of default in the payment
Of interest az in such note and mortgage, pro-
should become, at the option of the mortgagees,
payable whether the same should at such time bs
by the terms thereof due and payable or not; and
default having bsen mado in tie payment OF the
interest Of faid notes and each Of them. and said
notes and each Of them having bscome by reason
upon said notes and mortgages in the aggregate
Ct the time OF the commencement Of this action
together with interest thereon At tho rate of ten
per cent per amman from the 2lst day of August,
1850, and the sum of si1ty-tivc. dollars paid for
gethsr with interest on tho sum of sixty-hve dol
lars 81 the rate Of ten per cent per annum from
conveyed by said mortgages may bo sold, save
and except said lots numbered ono and two. in
block nuInbar seven. SO rs Aforesaid released
from tie lien OF said mortgages and the proceeds
of the sale thereof applied to the payment of said
mortgages and .proInitsory notes, with interest
thereon at the rate of ten rsr cent, per nnnum
- aforesaid. and five hundred dollars coun 81
fees, and costs OF snit. And in case such pro-
ceeds arc not sufficient to pay the zane. then to
Taylor Eckert Schwabe, Fred A.. Schwabs, and
the estate OF the said Mary Ann Eckert, de
cessed. for the balance remaining duo: and also
that tho raid defendants. and all persons claim
ing By. through or undor them or either of them,
may be barred and foreclosei Of all right, claim.
lien, equity Of redemption and interest In ind to
said InOrtgaged premises, enyO and except as re-
leased as aforesaid: and also that any md all
claims Of the said hefeniants. Henry Gebhardt
and Edward Wagner. in and to said premisss, IL
any claims they have. bs a~djudgcd and decrsed
to be subsequent and subordinate to the lien OF
said mcrte ages: and for general relief,
Aud you arc hereby notified that II you fail to
appear and answer the said complaint, ~ above
required, the said plaintiff will apply to thu
cOnrt Tor the reiief demanded In ssid complaint.
Given under my hand and the-seal Of the dis
trict court Of tho First judicial district OF the
. ate of Montans. in and for the county OF L0wis
and Clarke. this twelfth dny OF September. in
the year OF orr Lord, ono thousand eight hundred
md ninety-one.
BY II. X. THoMPsoN, Deputy Clerk.
MAssENA B%uLLARD,
) Attorney for Plaintiff.