The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-19
Helena, Mont, Oct. is. 1891.

SUMMoNs-IN THE DISTRICT COURT OF
- the First judicial district OF the state OF
Montana, in and for the county of Lewis and
ii. NJ. Brandexee and e. N. Brandsgee, part
ners doing and transacting business under the
firm name End style Ct Brandesee Bros plain.
tiff W, vs. W ;alt.me NJ STEM 81 Mar s1e amt E 81 ers i Dc.
ceased, Martha Taylor Eckert Schwabe, Fred A..
schwabe. Henry Gebhardt and Edward Wagner,
Observation-Disclosures luminous
The state of Montana sends greeting to the
above named defendant.
You are hereby required to, appear in an action
IN nl9 ths dis saieas court s1t u y the he, First judicial dieil district
of the state Of Montana, in and for the county OF
Lewis and Clarke. and to answer the complaint
day Of %seryice) after the service on you of this
summons, if served within this county; OF. il
Within twenty days; otherwise within forty days.
or Judgment by default will be taken against You.
according to the prayer of said complaint.
cree Of this court for the orsclosure of two GER
tain mortgages described in the said complaint
and executed by The said William L. Steele 3 the
Ann Eckert. deceased, Martha Taylor Eokert
schwabe and Fred A, sohwabe, on the ,21st day
Of August, 1889, the property embraced IN and
lots, pieces or parcels Of land situate, lying and
being in the townsite Of the city OF Helena, in
now state Of Montana, bounded and particularly
described as follows. to-wit: Lots numbered
one, two, four, fourteen and fifteen, in block
numbsr seven; lot number two in block number
twenty-six. and lot number four in block num-
Der twenty-seyen; as said lots and blocks are
numbered, designated and described on the plat
recorder of said county of Lewis and Clarke.
Said lots mum bered one and two. in block num-
Der eeyen, 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
n nen 1ss q m a osEti IN n ,aId W;i;;sm 1 i, steele a1.sd 4. A sueh
executor. and Martha Taylor Eckert bchwnbe
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
21st day of August, 1892, to the order OF said II.
Nj. and L. N. Brandegee, with interest theseon at
the rate of ten per cent, per annunl: interest pay
able semi-annually, and each Of said. mortgages
provided that in case of default in the payment
of interest as in such note and mortgage pro.
should become, at the option of the mortgages.
payable whether tho same should at such time bs
6 6s shs terms h1n;n thereof Gnsn d dus and Gn pa P.'n n,s1 or not Il a tbe
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 amount due
ct the tirno of the commencement OF this. action
being the sum of six thousand dollars principal.
per cent per annum from the 2lst dag of August,
1880. and the sum of sixty-hva dollars paid for
insurance a. authorized BY said mortgages, ,t9' ,
the 18th day of January, 1891; that the premises
conveyed by said mortgages may be sold, save
and except said lots numbered one and two, In
block number seven, 80 as aforesnid released
from tho lien of said mortgages, and the proceeds
of tho sale thereof applied to tho payment of snid
| mortgages and ,promigsory notes. with interest
thereon at the rate OF ten Ter cent. per annun
~ aforesaid. and five hundred dollars coun' o
| fees, and costs OF snit. And in case such pro
| ceeds arc not sufficient to pay the same, then Il
obtain execution against said defendants, Mnrth,
| taylor Eckert Schwabs, Fred A. Schwabc, anc
the estate Of the said Mary Ann Eckert, dc
ceased, for the balance remaining duo: md alst
that the said defendants, and all persons claim
| ina by, through or under them or sither OF them
may be barred and foreclopei OF all right, claim
lion, equity of redemption and interest in md Il
said mortga2ed premises, save and except ~ re
leased as aforesaid: and also that any and al
claims Of tho said defendants, Henry Gsbhsrd
and Edward Wagner. in and to said premises. !
any claims they have. bs adjudgcd and decreet
10 be subsequent and subordinate to the lien o
said mortgages: and for general relief,
Aud you are hereby notified that II You fail &c
appear and answer the said complaint, rs nboy
required. tho said plaintiff will apply to tn
court for tho relief demanded in said complaint
Given under my hand and tine seal Of the dis
trict court Of the First judicial district .of th,
state OF Montana. In and for the county or Levi,
ana Clarke. this twelfth day of September. IL
the year Of our Lord. one thousand eight hundrst
and ninsty-one.
~ BY II. X. THOMPSON. Deputy Clerk.
MAssRSA BuLiARD.