The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-20
Helena, Mont, Oct. 16. 1891.
GUMMONs-M. THE DISTRICT COURT OF
- the First judicial district of the state Of
Montana. in and for the county of Lewis and

SUMMoNs-M THE DISTRICT COURT OF
the First judicial district of the state Of
Montana. in and for the county of Lewis and
II. n. Brandeges and 3. N. Brandsges, part
firm name and style ct BrAndssee Bros plain
viii and Vtoatsmsnt Of Mary Ann Eole r.. de-.
ceased, Martha Taylor Eckert Schwabe, bred A.
H~chw.bs. Henry g bhsrdt and Edward Wagner,
The state Of Montana sends greeting to tho
above named defendant.
You are hereby required to appear in an action
Of ,he state Of Montsns in and for the county 81
fled therein, within ten days, exclusive Of the
day of ~service) after the service on you of this
:sr ed ~; il IT s tSi. so wateiq but wi wish iiau II. District St; i
Or judgment by default VIII s. taken as.in. You.
The ssia seton 8 brought to obtain a de-
cree OF this court for the foreclosure Of two. cor
tain mortgages described il the said complaint
executor of the last will and estament Of Mary
Ann Eckert: deceased, Martha Taylor Eckert
efh Arsnst an 1is art e. A, , sohw.be, on the ns, 2l.t day
affected BY said mortsagos being all those certain
lots. pieces or parcels Of land situate. lying and
tbs ihs'1 County IN t@e Of tp IeWi, and ID tns KY then Re h tssritor N
now state of Montana. bounded and particularly
described as follows, to-wit: Lot. numbered
' 1850 'OUs %"N hAbCOA AL bAoCA
number teyen; lot number two in block number
twenty-six. and lot number TOUR in block num-
numbered, designated and described on TIE 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 num-
ber eevsn, having, subsequent to the execution
Of saiu mortgages, been released FROM the lien Of
mort mSr.sI hsyin ny b ,ns niaden', To secure masA tb ., s.v.
ment Of . certain bromissory note. dated Aug.
u. 1859, made By. said Willixm L. Steele, as such
and Fred A. Hchwnbe, each Of said notes being
for the sum of ttrae thousand dollars. and each
being payable in gold; or its equivalent. on the
2let day OF August, 1892, to tho Lrdsr OF said H.
NJ. and r, n. Brandegee, with interest theseon at
tho rate OF tan per cont. per annu n. interest pay
provided that in case Of default in 1t the PAYMENT
Of interest az in SUCH note and mortgage pro-
vided.. the whole of the principal and interest
payable whether the same should at such time bs
by the terms thereof due and payable or not: and
default having been made in tie payment Of the
notes and each of them having become by reason
Of such default payable. and the amount due
upon said notes and mortgages in the aggregate
ct the time Of tho commencement of this action
being tho sum OF six Thousand dollars principal.
together with interest thereon at the rate Of ten
per cent per annum from the 2ist day of August,
lss0, and tho slim of sixty-five dollars paid for
insurance a. authorized by said mortgages, to-
!nrs a. the rate OF ten per cent per annum from
the 18th day of January, 1891; that the premises
conveyed by Sald mortgages may be sold, save
and except said lots numbered one and two, in
block number seven, ao rs aforesaid released
from tie lien of said ~ mortgages and the proceeds ;
of the sale thereof applied to tho payment of said |
mortgage5 and spromiss0ry notes. with interest
thereon at the rate of ten Ter cent. per vnrum
~ aforesaid. nnd five hundred dollars conn, II
fees, and costs OF suit. And in Gaze such pro-
Deeds arc not sufficient to pay the same, then to-
obtain execution against said defendants, Martha
aylor Eckert Schwsbs, Fred A.. Schwnbe, and
the estate of the said Mary Ann Eckort, do
ceasod, for the balance remaining due: and also !
that the taid defendants. and all persons claim
ing by. through or nnoer them ar either of them,
may be mr. cd and foreclosei Of all right, claim, |
lien. equity IF redemption snd interest in and to
said niortphged premises, tnte and except MS re-
leased as aforesaid. and aisO that any and all
claims OF tho said defen ants. Henry Gebhnrdt
and Edward Wagner. in and TO sHid premises, il
any claims they have. b. adjudged and dscrsed
to be subsequent and subordinate to the lien OF ,
said mort ages; and for general relief
Ard you nro hereby notified that IL you fail to
appear and answer. tho said complaint. a. nbove
tho said plaintiff will apply to the
conrt tor tho refief, demalded In said complaint.
a!iven under my hand and tho seal Of the. dis
court Of the First judicial district % tho
and Clarke, this twelfth day oi September. in
the year OF our Lord, one thousand eight hundred
and ninety-one.
lSea1 JOHN BEAN. Clerk
BY II. X. THOMPSON, Deputy Clerk.
MAssENA BULLARD,
Attorney for Plaintiff. |