The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-15

"A court Of the First judicial district Of the
state of Montana. in and for the county of
Abner B. Clements, plaintiff, VS.. Andrew Nj. Pat
ton and Ihe Lane and i lNyee9as
The state Of Montana sends greeting to the
above named defendants.
in the district court of the FIRST Judicial district
fs ,hs s stats G "a Nen s ! 70 IN answer ana rot thu ss' eompfain ns
filed therein, within ten days. exclusive Of the
day Of service) after the service on you OF this
served out Of this county. but in this district,
within twenty days; otherwise within forty days.
&C to tRe s prayer Of said complain.
Tho said action is brought to foreclose = mort
gage executed by defendant Andrew N. rat.
June, 1880, on the following deserted real e-
tate ate situate in the county OF hewi S,h and aor e[arke
quarter Of northeast quarter, the north, half Of
southeast quarter OF northeast quarter, the west
half OF northeast quarter and south hh1t 81
Of northwest quarter and northwest quarter ot
northeast quarter Of section :, all in township 10
u west end rapo 81 , north osil' half haiSp Of southeast quarter Of
northeast quarter OF said section 9, and for the
recovery Of : Judgment , { $2,oOo as an attorneys
on the 9Th day Of June, 1890, said Patton ere
COI01 TO 6alu JllmOuF LnIeo pEOulbSOIy. .uoteSs
one for tho sum of Sa,Ito, due and payable one
year after date and bearing interest at the rate OF
eight per centum per nnnum, ono for the snm OF
10000, due and payahs two years after date.
annum, aud a third I. i $4,000, due and payable
three years after date and bearing interest at the
rate Of eight per centum per annum, and that to
secure tho payment. of said notes said mortgage
was executed Ard that ea,h and every OF said
of S29, 100 owing by said Patton to said Glinlour.
That said mort rage was recorded in tho Office OF
aoth day of Jnly, 1880. in book of mortgages
on page p: That on the lAth day OF January.
gage to this plaintiff for value. That said first note
for the sum of $1,000 ana interest is dno and
unpaid, except the following, sums, sS55 paid
Sept. = i. 4' $751; 'G ss4s s 81 paid ri Oct * .. iissl, ssss:St
paid Oct H., 1891, and $40 paid Nov; !, 1891.
m nsn "a and !" wis g. e1ecntei a deed Conveying TO
said defendant Patton the above described prem
isos for tho co consideration of S5l.5Oo. that st that
ono for the sum Of 1000 executed by said Gil
mour and wife to David II. ,Gilmour, dated Nov.
date a ,''e; and ID bearing interest at the rat.
Of six per centum per snnnm pay.
able s,jG e;1 nnaaslly sn5 a w;i, to one sh. s1sf s!cdn iis
Mortgage Trust company for the sum of 81, 200,
dated Feb. /. 1907. anu due aud payable i've
per centum per Annum payable semi-annually;
which twos said mortssges said alton asreed
to assume and pay, as part OF SAID sum OF $3l..
/ hpbs tAtv VI ~ III w VI '~tA
said Patton has failed and refused to pay the
interest duo and in arresr on said two mortga ses
amounting to S2l0 on tho first mentioned and
SLIT on the second. and that the holders OF said
mortgages arc about to forecloss the came.
That said property cannot be sold in portions
without injury to the parties; That tho defend
ant Northwestern Land and Investment COM
pnny and ii. W. Il. Griffith, trustee, have or claim
TO have some interest in the premises accrniuis
since said mortgage, and that ths ,sum of 81, 500
is a reasonable sttornsy's fee for the foreclosure
proceeding, The plaintiff demands Judgment
for foreclosure. That the mortgaaed premises
be sold and this rrocasds applied to the psym snt
of tho costs and expenses OF this %sction, includ-
Ing $4,000 for attorneys foe, and the amount
owing ON the three notes and moriguR., with in.
terest IN said notes up to the time OF payment,
aud that the defendant Patton may ba adjudGed
TO lay any deficiency,
And you are hereby notified that il you fail to
appear and answer tho said complaint, as above
required, tho said plaintiff will apply to thu
court for th0 relief in said complaint demanded
Given under my hand and the seal OF the dia-
trict court OF the Fret judicial district of tho
stats OF Montana. i'm and for the county OF Lewis
and Clarke, this I'D day OF January, In the
year OF our Lord. ono Thousand eight hundred
and ninety-two.
IHenlJ JOHN BEAN, Clerk.
by II. X. THOMPSON, Deputy Clerk.
C%IUTcHER l. GARLAND.
Attorneys for Plaintiff.