The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-18

ALIAS sUMMoNs-IN- THE DISTRICT
III court of the First judicial district of the
state Of Montana in and for the county OF Lewis
j. b. s~elvail,. plaintiff, vs.. Cf aries B. New
bury. Flora Newbury, Alfred Bourke, r. G.
Clarke, b. Brown and Napoleon Salvail, defend
ants.
The state of Montana sends greeting to the
above named defendants.
You are hereby required to appear in an action
Brought against you by the above namea Plan A.
tiff in the district court of the First judicial DIS
trict of the state of Montana, in and for the
county Of Lewis and Clarke. and TO answer the
service on you of this summons, if served within
within this district, within twenty days; other
wise within forty days, or Judgment by default
will be taken against you, according to the
prayer of said complaint.
The said action is brought to obtain: First
BY defendants cRas. B. S 4 ; Flora Nawbary
of lot IA, in block Z of Elake's addition to Hell
ena, and in Lewis and Clarke county, Montana,
described by beginning at corner. OF lots ID and
Is in said block on north side Of Fifth avenue;
thence north along the line between lots IA and
Is, 100 feet 10 northeas corner of lot Ia; thence
west along north end of lot IA, 81 feet: THENCE
avenue; thence east along north line OF said
Fifth avenue So feet to the place OF beginning, TO
secure payment OF a promissory note by them to
defendant Napoleon salvail of that date for
$1,000, due six months thereafter. with one per
cent per month interest till paid. second
judgment against defendants Charles Il New
bury, Flora Newbury and Alfred hourke fer S3S
interest due Dec. 26. 1890, the payment thereof,
az is alleged, being withheld by an unreasonable
and vexatious delay, also legal interest on said
SsS from said date: for p, 200 with IL per cent
per annum interest from &c, 70, 1888, and Tor
costs of suit, including. a reasonable attorney o
fee. Third aInst all of the defendants the
usual decree for he sale of said mortgagcd
premises. applying the proceeds of such SAFE TO,
ward payment of said sums and barring ana
fcreclosing each of the defendants righta. claims
and equity of redemption in the said premlse+
Fourth-lhat the plaintiff have judgment and
execution against the defendants /. harles Z.
Newbury. Flora hewbary and Alfred Bourke for
any deficiency which may remain after 70 apply
ing said proceeds. 1t is alleged that sill note,
mortgage, and interest due thereon has been
transferred to plaintiff and that he is the owner
OF the same; that said mortgage ID OF record on
page pa, in book 1 OF mortgages, of the records
of said county; and that defendants b. {.
Clarke. B. brown and Napoleon Saly all have CT
claim to have some interest in or claim upoL
said mortgaged premises.
appear and answer the said complaint, as above
required, the said plaintiff win apply to thu
court for the relief demanded in said com
plant,
Given under my hand and the seal OF the dis
trict court of the First judicial district OF ths
state of Montana, in and forth
c@ county of Lewis and Clarke
Zeal First this lat day OF ecember ~
Jud. Dist the year Of our LORD one thau
- two, ##a
JOHN BEAN. Clerk.
By c. W. BURTON, Deputy Clerk
j.. A. Carter, Attorney for Plaintiff.