The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-31
CuMMONB-JN THE DISTRICT CoDRT or
- the FIRST Judicimt district vt this stats OF
NontAn4sS aH1aud tor tbs county Of Levi and

> ths yii!sst jndislial district y M, ststs q
Montana . tor ths county Of Lewis snd
Il. N. Brsndegss and =. N, Erand.sos, part.
a ME name mi aty T. s (, nir.n s.ncn,a sfo 9; ,bss ii ~.
will and tsitAmsnt. Of Mary Ann !hcksrt., do
ssssssd kerth. aayler Ec.srt ssl,w.bs, t5ea 4.
defsndsnts 4 mendsd sumn.ns
Tho stats Of Montana sends greeting 70 tho
y ths district court q th9 sirst judialaI di.trio:
Lawns an, Clarke, and e answer the complaint
ilsd therein, within ten days, exclusive q ths
s .an Ct s%ssy |; s.. .i,sr r ,bf tsry iii. O. eod sss q e.. ~; 4
served oat Of this county. but within this district,
within twsnty days; other,T,disss within forty dsy..
according 10 thhs prayer ii Md sompiaint-
The sala seton bronght % obtain : d.
cree q III. couit fer Ne f Or 81 I've csr. \.
and executed by The said William L. Steee ~ the
executor Of tbs lat will and Testament OF Mary
tchwabe and Fred A, Echwsbs, on tho .21st day
q august, lsss, the property embraced 10 md
affected BY said mortsax.s: psInK Al those certain
II. county Of Lswniis.l md CLARKE i tien territory,
describad i. follow, to-viIt: Lott numbered
ono. two, four, fourteen and fifteen, in block
number ieven; lot number two in block number
bsr twsnty.ssyen as said lots and blocks are
numbered, dssignnted aud described on tbs plat
recorder ! sa,a q I SAIL saia CO ID !. Of II Lswis aud Clarke.
Said lots numbered ono and two. in block num-
Der seven. having, subsequent 10 the execution
said IN Mortgages by tho plaintiffs. Each Of said
mortgages having been made 70 secure tho pay
f. gnsn 9ss & made ss.ti !, n .sid W'iiisytn n !, ste aat'd !. A a9sh
executor, and Martha Taylor Ectert schwabe
md Fred 4. bchwsbs, each Of said notes being
for tho sum OF three Thousand dollars, and each
being payable in gold. or its. equivalent, on tho
2lstdAy Of August, 1892, to this ordor OF said II.
N. and L. n. Brandegee, with interest theseon at
tho ratio of tan per cent, per AMMAN interest pay
abloa ami-annnally, and each OF said mortgages
provided that in Gaze Of default in the payment
vi lnsst tha W MI ,1 saoh ahs s01 ppin aaa In ana iato nest
should become, at the option OF tho mortgages,
payable whether the same should At auch time b
default having been made in tie payment Of the
interest Of snid notes and each Y Of them. and said
notes and each Of thom having become by reaeon
Of such default payable. and the amount dne
upon said notes and MORTGAGES in the Aggregate
st the time OF the onamencemen Ct this action
together with interest thereon at ths rate Of ten
per cent per AMMAN from this 2lst day OF August,
1850, and ths sum Of sixty-iye, dollars paid for
gether with interest on tho sum of s~i1ty-tve dol
lars tthY rate OF ton per cent per .annum from
the 18th dsy Of January, 1891; that the premises
and except said lots numbered one and two. in
block number ceyen, SO as Aforesaid released
fron, tho lien of said mortgages, and the prccesds
Of the salo thereof applied to tho payment of said
mortgagss and .proInissoTy notes. with interest
thereon at Tho rats. Of ten FER cent: per snnum
ss aforesaid. and five hundred dollars coun. oil
fees, and costs Of snis. And in case such pro
ceeds are not sufficient to pay the same, then to
obtain execution against said defendants, Martha
= aylor Eckert echwabs, Fred A. Schwabs, and
the eptate Of the said Mary Ann Eckert, de.
ceased, for this balance remaining due: and also
that the said defendants, and all persons claim
ing by. through or nnder them or either. of them,
may be barred and foreclosed Of all right, claim.
lien, equity of redemption and interest in and to
said mortgaged premises, cave and except as re-
leased as aforesaid; and also that any and all
claims of the said defen' ante. Henry Gebhardt
and Edward Wagner. in and 10 said premises, it
any claims they have, b. ~adjudged and decreed
to bo subsequent and subordinate to tho lien Of
said mcrtsagea: and for general relief.
And you are hereby notified that Il You fail to
appear and answer the said complaint, as above
required. tho said plaintiff will apply to the
conrt for tho re ief demanded in said complaint.
Given under my hand and the seal Of the dis
trict court of the First judicial district OF the
slate of Montana in and for tho county OF Lewis
and Clarke, this twelfth day OF September. in
the year of our Lord. one thousand eight hundred
and ninety-one.
[Seall JOHN BEAN, Clerk
By Fl. r. THOMPSON, Deputy Clerk.
HAssENA BULLARD,
Attorney for Plaintiff