The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-10

"A court Of the Eirat judicial district OF tho
state 9I Montana in and Tor the county Of Lewis
}. b.. ss~alvail, plaintiff. ys. ClArlea, d. New
bury, Flora Sewhury, Alfred Lourke, Y. c.
Clarke. b. Brown and Napoleon saivail, defend
ants.
Tho state Of Montana bends greeting to tho
above named defendants..
brought against you by tho above named plain
TN in tho diatrict court 81 the kirst judicial dis
s ttist o. q sAG i stsis ,o Of n aIs1ss. and II t. and sa. tSr tho tss
complaint filed therein, within ton days
Exclusive OF tho day of seryicsl after the
this county; or, il served out of this county,, but
within this district, within twenty days; other
Wise within forty days, or iudsment by default
Will be taken against yous according to the
prayer OF said complaint.
Tho said action is brought to obtain; First
BY defendants chas. b, Sewbars. Fiora SNswbsnSry
and Wired Bourke. Oct. 10, 1888. upon that part
Of lot \, in bloek q Blako's addition T. Hell
described by beginning at corner. of lots Ii and
10 in said block on north side Ut Fifth avenue;
thence north along the line between lots Il and
Is, 100 feet to northeast corner Of lot u; thence
west along north end of lot H., 10 feet; thence
south 100 feet to q point on north, limo OF fifth
avenue; thence east along north line OF faid
Fifth avenue So feet to the place OF beginning. to
seentop payment of a pronissory note by them to
81, 200, due six months thereafter, with one per
cent per month interest till paid. Second
Judgment against Defendants Charles h New
bury, tlora Newbnry and Alfred Eourke for $50
interest due Dec. ~, 1890, the payment thereof.
as is alleged, being withheld by an unreasonable
and yexatious delay. also Legal interest on said
$SS from said date; for 81, 300 with IL per cent
per annum interest from lee. rs, 1891. and for
costs Of suit. including, a reasonable attorneys
fec. 1hird-ASainst all of the defendants the
usual decree for he sale of said mortgagcd
promises, applying the proceeds Of such sale to-
ward payment of said sums and barring and
foreclosing each of tho defendants' rights, claims
and equity OF redemption in the SAID premises.
Fourth-Ihat tho plaintiff have judgment and
execution against the defendants Charles h.
Newbury. Flora Newbury and Alfred bourke for
ing said proceeds. 1t is slleged that said note.
mortgage, and interest duo thereon has been
transferred to plaintiff and that he is the owner
OF the same; that said mortgage is OF record on
page 24i, in book 4 Of mortgages. OF the records
of said county; and that defendants B. G.
Clarke. b. Brown and Napoleon Salsa all have or
claim to have some interest in OF claim upon
said mortgaged premises.
You are hereby notified that II you fail to
appea- and answer the said complaint. as above
required, the said plaintiff will apply to the
plant
Given under my hand and the seal OF the dis
trict court of the First Judicial district OF the
state of Montana, in and for the
--O~ county of Lewis and Clarke,
Seal First } this LIST day of ecsnber. in
Jud. Dist the year of our Lord one thou.
Court. sand eight hundred and ninety
JOHN BEAN, Clerk.
By c. W. BURTON, Deputy Clerk.
j. A. Carter. Attorney for Plaintiff.