The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-13

- court 81 the First judicial district Of the
state Of Montana. in and for tho county Of
Abner B. Clements. plaintiff, vs.. Andrew NJ. Pat
ton and The Northwestern Land and Investment
Company, = corporation. and 9. W. +. Griffith,
The state Of Montana sends greeting to the
above named defendants.
IL the district court Of the First Judicial district
Lewis sats C Il Sfea and 70 answer ri the ss' e comply ut
filed therein, within ten days exclusive Of the
day Of aerviee) after The service on you Of THE
served out Of this county, but in this district,
within twenty days; otherwise cry; within forty days.
az sed 3eafimsP 9e x x. d pr.gsr r y s.i g t toasp lsIEsin'ty0a
gage, executed by defendant Andrew, N, Pat.
June, 1890, on the following deserted real es-
tate situate in the county of Lewis and Clarke
and state of Montana. to Wit; The northeast
southeast quarter Of northeast quarter. the west
half OF northeast quarter and south halt Of
a nf a@hyysMsas a. ntsr,. OF ,n sSct tom s ian and mortal north half If
northeast quarter of section 8, all in township 10
north range 3 west, except y acres taken off the
northeast quarter of said section 8, and for the
recovery of q Judgment IT $4,000 as an attorneys
fee for foreclosure proceedings and for costs.
on tbs 6th day 81 June, 1890, said Patton exc
cutei to said Gilmour three promissory notes,
one for the sum Of $9,1L0, due and payable one
year after date and bearing interest at the rate Of
eight per centum per ,annum, one for the sum OF
sig 600, due and ,payab.s two years after date,
annum. and = third f. r $4,000, due and payable
three years after date and bearing interest nt the
rate Of eight per csn ts mp per annum; and that to
was executed. And that each and every of said
notes was an ms ,allnent of the principal sum
Of S29, 100 owing by said Patton to said .Gilmour.
That fAid mOrtyAue was recorded IN the office OF
the recorder Of Lewis and Clarke county on the
soth day Of JMnLly, 1880, in book 3 of msortsages
1892. said .Gilmour a.sisnsd sa,d notes and mort
gage to this plaintiff TOR vaiue. That said first note
for The sum Of 81 100 and interest st, is az. ans and
sept. = i. Ae 1851, 'o sS4s s 81 p psRr Get ); al :. 1887 rs ss5 Ss!a
That That on Sth day Of june, $780, james II. Gil
mour and wife executed q deed conveying to
said defendant Patton the above described prem
time there existed two mortgage liens thereon,
one for the sum Of 1900 executed by said Gil
so' 1ss sns .n wit du to . payid pi ~. asl4 fss years s S1sf
of''' six ana per 9e'f aeasum an'sl pss. .nnam pay
said said eii nnaualis and witt viii. to Tho J~arvisVconkl Il
Mortgage Trust company for the sum OF s., 200,
dated Feb. ], 1884,. and due and payable i've
which two said mortgages said Patton agreed
10 assume anu pay, as part OF Shlu SUM oL DBL.
800, tho purchase price OF said premises. That
said Patton has failed and refused to pay The
interest dus and in srrezr on eaid two mortgage!
amounting to $40 on the first mentioned nnt
Sl77 on the second, and That the holders Of sale
mortgages arc about to forscloss the came
That said property cannot b. sold in portions
without injury to the parties: That the defend
ant. ~Northwestern Land and Investment com
pany and Il. w K. Griffith, trustee, have or CLAIM
to have some interest in the premises ]accruin&
since said mortgage, aud that the sum OF S., 50t
is a reasonable attorneys fec for the foreclosure
proceedings. Tho plsintiff demands judsmen
for foreclosure. That the mortgased premise
be sold and the proceeds applied to the psyn.en
OF the costs and expenses Of this action, includ
ing $500 for attorneys foe, and this amour
owing on the three notes and mortgage, with in
tarest en- said notes up to the time of payment
and that the defendant Patton may be adjudget
to pay any deficiency.
And you are hereby notified that il you fail tx
appear and answer the said complaint, As abov
required. the said plaintiff will apply to tn
court for tho rofief in said complaint demanded
Given under my hand and the seal Of the. dis
trict court of the First judicial district of tn
state OF Montana. in and for the county OF Levi
and Clarke, this 22d day OF January. in tn
year of our Lord. one Thousand eight hundred
and ninety-two.
lSeall JOHN BEAN, CierS.
BY II. X. THOMPSON, Deputy Clerk.
CRUrCHER d GAELAND.
ATTORNEYS for Plaintiff.