The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-13
SUMMONS-M THE DISTRICT COURT OF
- the First Judicial district of the state OF
Montana, in and for the county of Lewis and

| SUMMONs-IN THE DISTRICT COURT OF
the First Judicial district Of the state OF
Montana. in and for the county of Lewis and
Il. NJ, Brandegee and 3. N, ~Brandsgee, part
ners doing and transacting business under the
tiffe, vs.. William L. Steele. executor of the last
will and testament, of Mary Ann Eokert., de-
ceased Martha 1s sle re Eck .a se Ram.os tEed A:
defendants-Amsnded
The state Of Montana sends greeting to the
You are hereby required to appear in an action
brought against You by the above named plaintlff
in the district court of tho First judicial district
Lewis and Clarke, and to answer the complaint
filed therein, within ten days. exclusive of the
day a : . Of s . , after t thg fsry tSi, on noI yon Of + thIs "
served out Of this county. but within this district.
within twenty days; otherwise within forty days.
or judgment by default will be taken against you.
according to the prayer of said complaint.
cree Of this court for the foreclosure Of two GER
and executed by the said William L. Steele as the
executor OF the last will and testament OF Mary
A1H.i tet srd ttsG ! a,b Martha On Taylor tys y, sek aat
Of August, 1889, the property embraced in and
affected by said MORTGAGES being all those certain
t ha;n pieces TO- e. or parcels parcel g Of t land c; situate at u iy,ng ana 40
the county of Lewis 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
tweuty-six, and lot number four in. block NUM-
numbered, designated and describe on the plat
of said townsite on file in the Office of the county
recorder of said county of Lewis and Clarke.
Said lots mum bered one and two. in block num-
Der seven, having, subsequent to the execution
Of said mortgages, been released from tbs lien OF
said mortgages by the plaintiffs. Each OF said
mortgages having bson made to secure the pay
nent OF q certain promissory note. dated Aus.
Il. 1859, made by said William L. Steele, as such
executor, and Martha Taylor Eckert Schwabe
md Fred A. Schwabe, each of said notes being
for the sum Of three thousand dollars, and each
being payable in gold, or its equivalent, on the
NJ. and H.. N. Brandegee, with interest theseon at
the rate Of tan per cent. per annua. interest pay
able ssmi-annually, and each Of said MORTGAGES
provided that in case of default in the payment
OF interest as in such note and mortgage pro-
vided, the whole of tho principal and interest
payable whether the same should at such time be
by the terms thereof due and payable or not: and
default having boon mads in the payment of the
notes and each of them having become by reason
of such default payable, and the IN unit duo
upon said notes and mortgages in the aggregate
being the sum of ak thousand dollars principal.
together with interest thereon at the rate of ton
per cent, per annum from the 2lst day of August,
1880, and the sum of si1ty-tivs, dollars paid for
insurance as authorized BY sail mortgages, to-
gether with Interest on the sum of sixty-hve dol
lars at the rate of ten per cent por annum from
f '"R s"' %
conveyed by said mortgages may be sold, save
and except said lots numbered one and two, in
block number seven, so as aforesaid released
from the lien of said mortgages, and the proceeds
Of the sale thereof applied to the payment of said
mortgages and .promissory notes, with interest
thereon at the rate OF ten ger cent. per snnum
as aforesaid. and five hundred dollars coun, oil
fees, and costs Of suit. And in case such pro-
ceeds arc not sufficient to pay the same, then to
obtain execution against said defendants, Martha
Taylor Eckert Schwabo, Fred A. Schwabo, and
tho estate of the said Mary Ann Eckert, de
ceased, for the balance remaining due: and also
that the raid defendants, and All persons claim
ing by, through or under them or either of them,
may be barred and foreclossl Of all right, CHIN.
lien, equity OF redemption and interest in End to
said nortgaged promises, ea"o and except as re-
leased US Aforesaid: and also that any and all
claims OF the said defen ants, Henry tiobhardt
and Edward Wagner, in and 10 said promises, il
any claims they have. b3 fdjudged md decreeu
to bs subsequent and subordinate to the lien of
said mortgage; and for general relief
And You arc hereby notified thnt il you fail to
required. tho said plaintiff will apply to the
court tor TIA re'ief d"m.udnd in said complaint.
Gwen under my hand and tho seal Of the dis
trict court OF tho First Judicial district OF the
safe OF Montana. in and for the county Of Lewis
and Clarke, this iYclfth day Of septpmbor, IN
tho year OF orr Lord. one thousand eight hundred
and nlrety-ons.
lSeail JOHN BEAN, Clerk
~ II. TBonfsoS, l'eputy Clers.
MAsscNA Bt LLAHr.