The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-28

ALIAS sUMMoNs-IN, THE. DISTRICT
"A court Of the First judicial district of the
state snS 9f Montana in and for the county of Lewis
J. B. salvail. plaintiff. Us. Charles, B. New
bury; Flora Newbury,. Alfred Bourke. 3. c.
Clarke. 3. Brown and Napoleon salvail, 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
eosnt OF IL Fl I stsis .o o5 a cIs4ss. and i to and answer fHr ths
complaint filed therein. within ten days
exclusive of the day Of ~seryice) after the
this county; or, it served out of this county. but
within this district. within twenty days; other
wise Wis within forty days. or Judgment by default
prayer of said complaint.
The said action is brought to obtain: First
BY bye Defendants eosSs1fsa Gsas. Il I. New hor.si flora s Na%bury
and Alfred Rourke. Oct. 10. 1883, upon that part
OF lot u, in block E of Blake's addition to Hell
described BY beginning at corner. Of lots IA and
Is in said block on north side of Fifth avenue;
, x 1a t nort h along the line between lots 4 and
west along north end of lot IA, IS feet: thence
south 400 feet to q point on north line Of fifth
Fifth avenue IS feet to the place of beginning, to
secure payment OF a promissory note by them to
defendant Napoleon snlyail of that date for
1920, due six months thereafter, with one per
cent per month interest till paid. Second
Judgment against defendants Charles B. New
bury, flora Newhury and Alfred fourke for SS8
interest due Dec. rs, 1880. the payment thereof,
as IS alleged. being withheld by an unreasonable
and vexatious delay, also legal interest on said
Sss from said date; for 81. 400 with II per cent
per aEnum interest from Dec. 20, 1880. and for
costs OF suit. including a reasonable attorneys
fee. Ihird-against all Of the defendants the
usual decree for tho sale of said mortgagcd
promises. applying the proceeds of such sale TO.
ward payment of said sums and barring and
fcreclcsing each of the defendants rights, claims
and equity of redemption in the said premises.
Fourth-That the plaintiff have judgment and
execution against the defendants harles b.
Newbury. Flora Newbury and Alfred Bourke for
any deficiency which may remain after SC, apply
ing said proceeds 1t 10 alleged that said note.
mortgage, and interest due thereon has been
transferred to plaintiff and that he Is the owner
OF the same; that said mortgage 10 OF record ON
page 24i, in book of mortgages. of the records
of said county,; and that defendanta b. {.
Clarke. B. Brown and Napoleon Saliva have or
claim to have come 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. the said plaintiff win apply to the
plant
Given Cnder my hand and the seal Of the dis
trict court of tho First judicial district of the
state OF Montana. in and for the
.r county of Lewis and Clarke.
Seal First this let day OF eoernber, in
5Jud. Dist. the year of our Lord one thou.
Court. sand sand eight hundred and ninety
'Wo' JOHN BEAN, Clerk.
By G. w. BunToN, Deputy Clerk.
]. A. Carter. Attorney for Plaintiff.