The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-29
Small sIl Small Dose, Small ?Esl

&UMMONS-IN THE DISTRICT COURT OF
~ the First judicial district OF the state OF
II. N, Brandszee and 7. N; Brandsgee; part.
nners doing and tr.nsact,ng business under the
titte, vs.. William l.. Steele, executor of the last
will and tertan,ent, of Mary Ann ,kckert., de-
sohwabe. Henry asbhardt and Edward Wagner,
ACCOMPLISHMENTS summons.
Tho state of Montana sends greeting to the
You are hereby required to appear in an ection
brought assinst You by the .bove named plaintia
II If The r. d .t.ss 1t I Monts II .h IN s .nd f 'ad IL. oou n,s5F' 81
Lewis and. Clarke, and to answer the complaint
filed therein, within ten days. exclusive Of the
summons, Il served within this county; or, i
served out Of this county, but within this district.
y, within Ina.r twenty k ds so;,a oThe m;YI +. w ,aEsn a fo,tg d xS.,
according to the prayer Of said complaint.
The said action . brought to obtain a de-
and exeeuted by the said William l.. steele ~ the
executor of the last will and testament OF Mary
echwabe and Fred A, ~schwabe, on the 2lst day
Of August, 1888, the property, embraced in and
rife effected ,e;dalb:y. . aa a moattsag g D Sdn AL those ss certain ain
tbs County Of Levi. and CLARKE t6en territory.
described ~ follows, yo-wit: Lots Numbered
one, two, four, fourteen and fifteen, in block
number reyen; lot number two in block number
twenty-six. and lot number four in, block num-
bsr twenty-seven; rs said, lots and blocks are
numbered, designated and described on the plat
of said tOwnsite ON file in the office OF the county
recorder of said county of Lewis and Clarke.
Said lots numbered ono and two. In block num-
Der seven. having, subsequent to the execution
said mortgages by the PLAINTIFF. Each of said
mortgages having basn made to secure the pay
ment Of = csrt,in pro,nissory note, dated Aug.
executor, and Martha Taylor Eckert Schwabe
and 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
2lst dry Of August, 1882, to tho order Of said Fl.
NJ. and L; n. Brandogee, with interest theseon at
ables ~smi-.nnua ! and each Of said mortsages
provided that in case of default in the payment
Of interest as ip such note and MORTGAGE pro.
should become, at tho option OF tine mortgages.
payable whether the same should at such time bs
by the terms thereof due and payable or not: and
interest of said notes and zach Of them. and said
notes and each of them having become by reason
9 OF suG .,i d' ho3es a psS{. n9orte saa i in t6 sms scafss aas
ut the t inc OF the commencement OF this action
being the sum of six Thousand dollars principal.
per cent per annnm from the 21st day of August,
1890, and tbs sum OF si5t T. ., dollars IL paid tor
lars at the rate Of ten per cent per annum from
the 18th day OF January. 1891; that the premises
conveyed ny sald mortgages may DO SOFA, 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 prcceeds
of the sale thereof applied to the payment of said
mortgages and ..proHissory notes. with interest
thereon at the ratio of ten Fer cent. per annum
~ aforesaid. and five hundred dollars council
fees, and costs OF suit. And in case such pro-
cseds are not sufficient to pay the same. then to
obtain execution against said defendants, Martha
Taylor Eckert Schwabe, Fred A.. Schwaho, and
the estate of the said Mary Ann Eckert, da-
ceased, for tho balance remaining due: and also
that the said defendants, and all persons claim
ing by. through or under them or either of them,
may 10 barred and foreclosea of all right, claim.
lion, equity of redemption and interest in and to
said mortRapod premises, save and exc ept as re-
leased as aforeaaid: and also that any and all
claIps Of the said defeni ants Henry Gebhardt
and Edward Wagner. in and 10 said premises, if
any claims they have, be adjndged and decreed
to be subsequent and subordinate, to the lien of
ssid mortgages; and for general relief
And you are hereby notified that il you fail to
appear and answer the said complaint. rs above
required. the said plaintiff will apply to the
court for the retief demanded in said complaint.
Given under my hand and the. seal Of the. dis
trict court of the First judicial district Of tho
STATE 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 II. r. THOMPSON, Deputy Clerk.
MAsSrNA BULLARp,
Attorney for Plaintiff.