The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-24
SUMMONS-N THE DISTRICT COURT OF
Montana. in and for the county of Lewis and

SUMMONS-IN.. THE DISTRICT COURT OF
- the First judicial district of tho state Of
M,ontana. in and for the county Of Lewis and
H. NJ. Brandegee and 3. N. Brandegee. part.
ners doing and tr.ns:cting business under, the
tile, vs.. william. l. Steele, exscutor Of the last
will and testament Of Mary Ann Eckert. de.
ceased Martha Taylor Eokert schwsbe, hred A.
Acknowledgements summons.
The state Of Montana sends greeting to the
You are hereby required to appear in an action
brought against You by the above named plaintiff
IL the h, district court Of tn. First judicial .distric:
lewis and Clarke. and to answer the complHint
fled therein, within ten days. (exclusivs Of the
sas M M sss' L s.r a1ssf w III isr1 III. County sHs OF o.. th I;
served out Of this county. but within this district,
within twenty d.ys; otherMi.e within forty days,
according to the prayer Of said complaint.
The .a!o action 2 brought to obtain a de-
tain mortgages describsd in the said Complaint
and executed by the said William L. Stee Q Is the
executor OF the last will and testament Of Mary
schwabe and Fred A, sohwabe. on the 21st day
o. Ans9st, 1ssg; the property embraced in and
the count, Of Levi. and CLARKE then territory '.
described as followa. to-wit: Lots numbered
one, two. four. fourteen and fifteen, in block
numDer seven; lot number two in block number
twenty-slx. and lot number four in block num-
numbered, designated and described on tho plat
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 the lion of
said mortga,ges by the plaintiffs. Each OF said
mortgages having been made to secure the pay
Il, 1853. made By said Wiiiiasm L. ~ ste aIe.u .s such such
executor, and Martha Taylor Fckert Schwabs
and Fred A. schwabe, each Of said notes being
being payable in gold. or its equivalent, on the
2lst day OF August, 1882. to the order Of said H.
the rate Of tan Dor cent, per annum. interest pay
able ssmi-annually, and each of said mortgages
provided that. in case Of default in tho payment
yiided, the whole Of the principal aud ~intorest
snould become, At the option Of the mortgagees.
B BS a. '. whst tSsr ths s sam .s should nla. Ct such 4. time be BE-
INTEREST e d said 1 nste, m and . IN i'e Of P easm. and d s .hi
Of such default payable, and the amt unit due
upon sad notes and MORTGAGES in tbs aggrs gate
e. ths time OF the comInencement Of this sction
being the sum OF six thousand dollars principal,
together with interest thereon at the ratio OF ten
Per Pc cent per annnm from tho 2lst day of August,
insurance as authorized BY said mortgages, to-
gether with interest on tho sum of sixty-fve dol
t the' ,s sT' Day Fe Il J a. tnn per 1887, ST. the nss Il, ssnu n1om from
and except said lots numbered ono and two. in
block number seven, 30 - aforesaid released
from the lien of said mortgages and the prcceeda
Of tho sale thereof applied to the payment Of said /
mortgages and :promissory notes. with interest |
thereon at tho rate OF ton FER cent. per 'aunum
- aforesaid. and five hundred dollars coun 81 |
fees, and costs Of suit. And in case such pro-
cseds are not sufficient to pay tho same, then to |
obtain execution against said defendants, Martha
Taylor Eckert schwabe, Fred A. Schwnbe, and
ceased, for the balance remaining due: and also
that tho said defendants, and all persons claim
ing by. through or under th0m or either OF them, |
may be barred and foreclos Oh Of all right, claim.
lien, equity of redemption and interest in md to
said mortgnged premises, sayO and e1 cept as re-
leased as aforesaid; ami also that any and all
claims OF the said ,iefen ants, Henry Gobhardt
and Edward Wagner, in and to said premiaCs, IL
any claims they have. be s~djudged and decreed
10 be Subsequent and subordinate to the lien of !;
said MORTGAGES: 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 60 tho
court for tho re'ief demanded in said complaint.
Given under my hand and the seal Of the dis |
trict court OF tho First judicial diBtrict OF the
state OF Montana. in and for the county Of Lewis |
and Clarke, tfia twelfth day OF September. In |
tho year Of our Lord, one thousand eight hundred |
and ninety-ons.
lseall JOHN BEAN. Cleric
BY II. II. THOMPSON, Deputy Clerk.
NAssERA BULLAHD,
Attorney for Plaintiff. |