The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-11

ALIAS snMMoNs-IN,. THE DISTRICT
IA court Of the First judicial district OF the
state 81 Montana in and for the county Of Lewis
bury, Flora Newbury,. Alfred Bourke, 4. {.
Clarke, b. Brown and Napoleon Salyail, defend.
ants,
The state Of Montana sends greeting to the
above named defendants:
brought against you by the above named plain
IN in the district court of the First judicial dis
county Of Lswis. and Clarke. and ID answer tho
complaint tiled therein. within ten days
.s1Sics on ,o of Y Ne th;. day Of ser y sssvs after m;,t the
this county; or. il served out of this county. but
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 Chas. 4, Newbury. Flora Nswbury
and Alfred Bourke. oct. 10, 1888. upon that part
ena, and in / evil, and Clarke county, Montana,
described by beginning at corner Of lots IA and
- in said block on north side OF Fifth avenue:
thence north along the line between lots !! and
Is, 100 feet 10 northeas corner of lot II; thence
west along north end of lot IL. 81 feet; thence
south 100 feet to a point on north line Of Fifth
avenue; thence east along north line OF said
Fifth avenue 81 feet to the place of beginning. to
secure payment of a promissory note by them to
$1,000, due six months thereafter. with one per
cent per month interest till paid. second
judgment against def 'ndants Charles Is New
bury. Flora Newbury and Alfred Eourke for SS8
interest due Dec. 26, 1880. the payment thereof.
as is alleged. being withheld by an unreasonable
$Ss from said date; for 81, 200 with ~ per cent
per annum interest from Dec. %, 1899. and for
costs Of suit. including q reasonable attorneys
fee. Ihird-Against all of the defendants the
usual decree for the sale of said mortgagcd
premises. applying the proceeds of such sale to-
ward payment of said sums and barring and
foreclosing each of the defendants rights, claims
and equity of redemption in the said premise.
Fourth-Ihat the plaintiff have Judgment and
execution against the defendants Charles b.
Newbury. Flora Newbury and Alfred Bourke for
any deficiency which may remain after so apply
ing said proceeds 1t is alleged that said note.
mortgage. and interest due thereon has been
transferred to plaintiff and that he ia the owner
of the same; that said mortgage is of record on
psge IA, in book 4 of mortgages, of the records
of said county; and that defendants b. c.
Clarke, B. Brown and Napoleon SALIVA Ill have or
claim to have some interest in or claim upon
said mortgaged premises.
You are hereby notified that il you fail to
appear and answer the said complaint, as above
required. tbs Bald plaintiff will apply to the
court for the relief demanded in said COM
plant
trict court of the First judicial district Of the
state of Montana. in and for the
,C-o@ county of Lewis and Clarke.
Seal First this lst day OF ecember; in
Jud. Dist. the year of our Lord one thou.
I Court. sand eight hundred and ninety
JOHN BEAN. Clerk
By c. W. BURTON, Deputy Clerk.
j. A. Carter. Attorney for Plaintiff.