The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-25

cuMMONs-IN THE DISTRICT !CuuRT or
8 the First judicial diatriet OF ths state q
Montana. In and tor The county o. LEVIN eau
II. NJ. Brandsses and y n, nrandsses, part II.
ssm n asans am. anf .t ISsn i Er.and.ass Bro. plain.
tils, w. William l. steele executor 81 81 sne ~
Hchw4be. Isnry aehhardt and Edward Wagner,
defanisnts Amenaed snnmens-
Tho state Of Montana sends greeting TO ths
above named defendant. ...,...
YOU Arc herahy required to, appear In an action
h y ,Ss s,. asiaas so ,ea y y the Inc i s1afe ja nan,ha e ai.trios
of the state OF Montana, in and Tor inc county %
Lewis anil, Clarke, and to an.wer u. oom2la sls
| DAY Of -ssrvios] after tho service on you Of thi.
ummon i served within h,t th mstb iiop IN. d, or, :
or Judgment BY default viii b taken against YOU
.cssssrdins TO the prayer S 81 sa,h e9 ~ ah, an . do
cree Of this court for ths, foreclosure Of two Ger
tain mortgages described IN The said compliant
executor OF the last will and testament of Mary
Ann Eokort. deceased. Martha Taylor Fckert
efh hnrust ms 1888 s't the : properly property e n IN ana
affected by said mortgages being all those certain
lots, pieces or parcels OF land situate, lying and
the county Of Lewis and Clarke, then territory,
now state of Montana, bounded and particularly
one, two. four oa 'f fourteen ana ffteen, in block
number seven; lot number two in block NUMBER
twsnty-six, and lot number four in block num-
numbered, designated and described on the plat
OF said townsits on file in the Office of the county
recorder OF SAID county OF Lewis "a ana hSoo Lln nnm.
Der seven, having, ,subssquant 70 the execution
OF sail mortgages, been released from the lien Of
mortgages having been made to secure the pay
!, mens Ct . certain praoW Wsst note. dated ans,
executor. and Martha Taylor Eckert Schwabe
and Fred A. SchwAbe, each OF said notes being
for the sum Of throe thousand dollars, and each
being payable In gold. or its eQulyalent, on the
21st day Of August, 1899, to ths order OF said II.
M. and b. N. Brandegeo, with interest theseon at
the rate Of ten per cent, per annun II. interest pay
provided that in case of default in the payment
Of interest a. in such, note and mortgage pro-
should vh1osdIdt i Become Uns,I At e tho s" option p.rne o. the ' mortsasees,
payable whether the same should at such time ba
by the terms thereof due and payable or not: and
interest Of said notes and each Of them. and said
notes and each of them having become by reason
of such default payable. and the amsunt due
ct the time of the commencement OF this action
being the sum of six thousand dollars principal.
per cent per annum from the 21st day of August,
1880, and the sum Of sixty-hvs dollars paid for
insurance a. authorized BY said mortgages, TO-
eether with interest on the sum of s~i1ty-tve dol
lars at the rate of ten per cent per annum from
the 18th day Of January. 1891; that the premises
and sIoept said lots numbered one and two, in
block number seven, 80 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 ton per cont, per nnnum
rs aforesaid. and fvs hundred dollars counssl
fees, and costs of suit. And in case such pro-
ceeds are not sufficient to pay the same, then to
obtain execution against said Defendants, Martha
Taylor Eckert Schwabs, Fred A, Schwabe, and
the estate of the. said Mary Ann Eckert, de-
ceased. for the bslancs remaining due: and also
that the said defendants, and all persons claim
ing by, through or under them or either of them,
may be barred and foreclosea Of all right, claim.
lion, equity Of redemption and interest in and to
leased as aforesaid; and also that any and all
claims of the said defendants. Henry Gehhardt
and Edward Wagner, in and to said premises, if
any claims they have, bs a~djudged and decreed
to be subsequent and subordinate to tho lien of
said mortgages; and for general relief.
And you are hereby notified that il You fail to
appear and answer tho said complaint, as above
required, the said plaintiff vii. apply to the
court TOR the reief dema, ded in said complaint.
Given under my hand and the seal Of the dis
trict court of the First judicial district OF the
81 ate of Montana. in and for the county OF Lewis
and Clarke, this twelfth day or September. in
the year of our Lord. ono thousand eighthundred
and ninety-ons.
[Seal] JOHN BEAN, Clerk
BY II. r. THOMPSON, Deputy Clerk.
MAssENA BULLARD,
Attorney for Plaintiff.