The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-17

"a oourt. of the First Jnl icinl district Of tho
stats of Montana. In and Tor tho county OF
Abnsr d. Clements, plaintiff, W. An1rsw Nd. Pat
t4n and The Northwestern Land and 4; yeatment
aonpany, = corporation, and q, w. n. Griffith,
shove named defendant.
You .ars isrsby rsaplroa to sppsAr IN an ,Actioa
IL thss district court u tho f.rst lndisclsi saistrict
= ne state of Maintains, in and for the county, %
aasgsxx 's .na Clsrks, and 70 answer ths complaint
DAY q %serylce) sfter TN service on YOU OF this
Y :erye1 within this connty; 81 II
11 : lwsn i a i.'1: eynn,s; ~ 1i Y ~" fer. ,,' a.ys.
or Judgment by default will bo taken against yon
seMGMordink TO the prayer Of said complaint.
gage executed by defendant Andrew A.. Pat-
, Inna 70 1s Ssn 40 ~ H. 1lim1ar On thG ON az O.
end stats Of Montans. 10 Wit; The northeast
annrilor IT northeast quarter, the north, half Of
half Of northeast quarter and south half q
northwest quarter OF section 8, aud north half
OF northwest quarter and Eoltlwsht quarter OF
north range 5 wsst, except = acres takon of the
wet end Of north bali OF sontheaEt quarter Of
nor,hs.st quarter o. sald sectl.n =, and for ths
ihee FOR foreclosure proceedings and for coats.
Inc complaint alleges among other things that
cuted to said Gilmonr thiee promissory, notes.
one for the sun Of $40, due and pa, able ona
Year after date and bearing interest at tho rate OF
5000, due and pAyabs two years aftor date.
ss9nnun. and . third + : $4,000, due and pAyab,D
three years aftor date and bearing interest at tho
secure this payment Of said notes taid mortgage
notes was an ms allment Of the principal sam
ct $2A. 100 OWNS by aaid Pattoa to said Gilmour.
lhat hAld mol :ags was roco,rrded In the office Of
sOth day Of Jaly, 1880, in book 5 Of mortgages
On q page ~. That on tho 14th day of January,
s assssss, q ~. q e : i nov, .,sisnsd .a' q, notes and mort
Tor ths sum OF $500 and interest il due and
unpaid, except the following sums, s6!5 paid
Ass. 4 Il. ls sss! ss ss4s Ell s sspf' ct ); ls = is5 ts9 sss Ssia
psid Oct -. 1891, and $40 paid NOV. j. 1891.
That On 9Th day of june, isso, james Il. Gil
said defendant Patton the above descrihed prem
lses for the consideration Of S5l.5u0. that at that
time there existed two mortgage liens thereon,
moar and wi1s to David II. Gilmour, dated Nov.
50, 1889, and dus and payable five years after
date, and bearing interest at tho rats
able annually, snd one, executed s,
said Gilmour and wife TO the Jaryis-Conk)in
dated Fsb. i. 1ss5, ma due Lns .le 'u payable al give i've
years after date, with interest at the rate of six
psr. contnm per annGm payable ssmi-annually:
WllCA wv kGu MurIRAso % sdIA ihLLOu 1kTe6u
to assume and pay. ~ part OF said sum OF Ssh
500, Tho purchase price Of aid premises. That
said Patton has f,ilod and refused to pay the
interest due and in arrear on fAid two mortgages
to S240 on the first mentioned and
SLIT on the second, and that the holders Of said
mortgages arc about to forecloge the Same.
That said property cannot be sold in portions
without injury to the parties. That the defend
ant Northwestern Land and Investment com
pany and u. WE. Griffith. trustee, nave or claim
TO have some interest in the premi,es ac%cruitg
since said mortgage, and that the sum of 81, 500
10 a reasonable attorneys fas for The foreclosure
J roceedings. Tie plaintiff demands judgment
for foreclosure. That ths n1ortgaged premises
be sold and the rccpaas appl ell to the payIA emit
OF the costs and expenses of this action, includ.
leg S2,5W for attorneys fee, and the amount
owing Oh the three notes and mtrtgag-. with in.
t,rest n said notes up to the time Of payment.
and that the defendant Patton may be adjudged
to lav any deficiency.
Ard you are hereby notified that il you fail to
appear and answer the said complaint, as above
tho said plaintiff will dpply to the
court FOR ira re lei in said complaint demanded.
Given under my hand and the seal of the dis
trict court OF the First judicial district OF the
ate Of Montana. in and for the county Of Lewis
and Clarke. this 22d day OF January, in the
and ninety-two.
[Seal] JOHN BEAN, Clerk.
BY H. X. THOMPSON, deputy CLERK.
CRUTCHER Il GATLAND.
Attorneys for Plaintiff.