The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-28

gUMMONS-IN THE DISTRICT COURT or
. the First judicial district Of the stats OF
Montana. in and Tor the county OF Lewis and
Fl. II. Br.ndeses and Z. N. Brandegos, part
ners doing and trsns:ct,ng business under the
f fifls. 1 ~ w Nh ssyLls I. S Ct h,4n s.scuto sro 8. tlee 'fI ast
viii and testament Of Mary Ann kcksrt,. de-
ceased, Martha Taylor Kckert Schwabe, bred A.
ddofsMndsnts.Amsnded ummons
The stats OF Montana sends greeting to tho
above named defendant.
You are hereby required to appear IN an action
bronght against you by the shove named plaintiff
in the district court Of the First Judicial distric:
Of tho state c et Mon tan : Il in an and fof tn the c county az
filed therein, within ten days, exclusive Of tn
day OF ~ssrvico) after the service on you OF this
served out Of tia county. but Within this district.
Or 5adsmsnt y a,sii.aIt WI E taken :ssin.tyou
The saio notlon . brought 70 Obtain . de-
cres Of this court for the forsclosure Of two Ger
sna . mests:a' s. a tns IA W VI Il. i T. s,s sese p sRs
executor Of tho last will aud testament Of Mary
Ann Ecksrt. deceased, Martha Taylor Eckert
Of. August, 1883, tho property. embraced in and
affected BY said MORTGAGES being ali those certain
lots, pieces Or parcels Ct land situate, lying and
this county Of Lewis and Clarke, then territory,
now state Of Montana, bounded and particularly
ono, two, four, fourteen and fifteen, in block
number seven; lot number two in block number
twenty-six. and lot number four in. block mum
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 one and two. in block nnm-
ber seven, having, subsequent TO the execution
Of said mortgages, been released from the Lien ct
said mortgages by the plaintiffs. Each OF said
mortgages having been made to secure the pay
Il. 1859, made by said William L; Steele e such
s sna0 fesd A. ah seh Mal5ea .. aas. Of s aSf1 aote s,I being
for tho sum of three thousand dollars. and each
being payable in gold. or its, equivalents. on the
N. and e. N. Brandsges, with interest theseon At
the rate Of tsn Per cent. per annum: interest pay
sbls mi lam .n at s zach 81 r; gs'd In mo Dr9Tnses
of interest 40 in such, note and mortgage pro.
vided, the whole Of tho principal and interest
payable whether the same should at fuch time bs
by the terms thereof duo and payable or not: and
default having been msds in the payment Of the s
notss and each Of them having become by reason
Of snch default payable, and the amount duo
upon said notes and mortgages in the aggregate
at the time of the commencement OF this action
being the sum OF six thousand dollars principal.
together with interest thereon at the rate OF ton
1850, and the sum Of si1ty-ivo dollars paid for
insurance as authorized by said mortgages, to
gethsr with interest on the sum of s~ixty-tive dol
the 18th day Of January. 1891; that the premises
conveyed by said mortgages may bo 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 tho proceeds
of the sale thereof applied to the payment OF said
mortgages and .promissory notes. with interest
thereon at the rate of ten per cont. per AMMAN
~ aforesaid. and Ave hundred dollars coun'e
fees, and costs of suit. And in case such pro-
cseds are not sufficient to pay the same, then ia
obtain execution against said defendants, Martins
Taylor Eckert Echwabe, fred A. Schwabe, and
the estate of the said Mary Ann Eckert, de
ceased, for tho balance remaining due: and also
that the said defendants, and all persons claim.
ing by, through OF undor Thorn or either OF them
may be barred and fereclosed Of oil right, claim
lien, equity of redemption and interestin and tc
said morteaged promises, save and except as re,
leased as aforesaid: and also that any and al
claims Of the said defendants, Henry Gebhardt
and Edward Wagner, in and to said premises, il
any clains they have, bs adiudged and decrece
to be subseouent and subordinate to the lien o.
said morris ages and for general relief,
And you arc hereby notified that il you fail ia
appear and answer The said complaint, as above
REQUIRED, tho said plaintiff will apply to thu
court for tha relief, demanded in said complaint
trictcourt of the First judicial district ot tht
and Clarke. this twelfth day of September. IL
and ninety-one.
BY Fl. R. THOMPSON, Deputy Clerk.
MAssENA BULLARD,
Attorney for Plaintiff.