Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1892-12-29
SUMMONS.

In the District Court of the Tenth Judicial
District of the State of Montana, in and
for the County of Fergus.
Matthew Bodies, NJ. S. Bolles
and r. F.. Bodies, doing bust
ness under the firm name of
NJ. Bodies Il Co., Plaintiffs, Summons.
VS..
Eben S. Marshall and Charles
L. Sullenger, Defendants.
The state of Montana sends greeting to the
above named defendant:
You are hereby required to appear in an
action brought against you by the above
named plaintiff III the district court of the
Tenth Judicial District of the State of Mon
tana, in and for the county of Fergus, and
to answer the complaint filed therein,
within ten days exclusive of the day OF
~service) after the service on you of this
if served within this county; or,
If served out of this county, but in this dis
rrict, within twenty days; otherwise with
IN forty days, or Judgment by default will
be taken against you, according to the
prayer OF said complaint.
The said action is brought to obtain a
decree of this Court for the ioreclo sure of
those two mortgages described in said COM
plant, and executed by the defendant Eben
5. Marshall to the plaintiffs on the l0th
day of June 1887; one of said mortgages
being to secure the aymen of a promis-
sorry note OF even date with said mortgages
Tor the sum OF 500, made, executed and
delivered by said Marshall to the plaintiffs,
payable Oh the 10th day of September.
1892, or upon default in the payment of
interest coupon notes, with interest after
maturity at the rate of II per cent; also to
secure the payment OF u promissory inter
est coupon note of even date with said
mortgages made, executes and delivered
by said Marshall To the plaintiffs, payable
on the 10Th day OF September, 1855, for the
sum OF SIS, with interest after maturity at
the late oil II per cent, aud for other pur-
poses; the other OF said mortgages being to
secure the payment of nine promissory
notes OF even date with said mortgages, for
the sum OF Sl4 each, made, executed and
delivered by said Marshall to the plaintiffs,
payable respectively, on the 10th day of
September, 1855; March IL, 1889; SepIem-
Der 10, 1883; March IL. 1890; September 10,
1890; March 10, 1891; September 10, 1891;
March 10, 1882, and September 10, 1892,
and for other purposes.
Said mortgages conveyed the following
described premises, to-wit: The nw4 of Sec.
33 in TIP. Is n. of X. 10 E., Montana Meri.
dian, containing g acres, all in Fergus
County, Montana, with water rights and
appurtenances.
That the premises conveyed by said
mortgages may be sold and that the pro-
ceeds OF such sale may be applied to the
payment OF the amount due on the nott
for S700, with interest at II per cent from
September 10, 1888, the note for S2S, witt
interest at IL per cent from September 10
1883, the note for Sl4, with interest at II
per cent from September 10, 1855; tn,
note for S1i, with interest at 10 per cen
from March 10, 1883; the note for S14
with interest at 10 per cent from Septem
Der 10, 1889; the note for S14, with inter
est at 10 per cent from March 10, 1886
the note for S14, with interest at 10 pc
cent from September 10, 1890; the not
for S14. with interest at 10 per cent from
March 10, 1891, the note for S14, with in
terest at 10 per cent from September IL
1891; the note Tor S14, with interest at i
per cent from March 10, 1892; the note 70
S14, with interest at 10 per cent from Ser
TENDER 10, 1892; the sum ofS12S.29, pal
for taxes on said property with interest a
IL per cent from August 18th, 1892, (th
: designation OF the rate per cent of interes
y above, being, in all cases, per annum), tn
sum OF Sl25 attorneys fees; the sum 4,
$50 attorneys fees and plaintiffs cost
and in case such proceeds are not sufficien
to pay the same, then to obtain judgmen
: and execution against said Eben 5. Ma
shall, for the balance remaining due; an
also hat the defendants and all person
claiming under him may De barred an
foreclosed of all right, title, claim, lieI
equity of redemption and interest in sal
= mortgaged premises, and for such other c
: further relief as to this Court it may seeI
that the plaintiffs are entitled.
? And you are hereby notified that il yo
fail to appear n answer the said con
" plant, as above required, the said plainti
!, will apply to the court for he relief d.
= handed in their said complaint.
Given under my hand and the seal of til
District Court of the Tenth Judicii
District of the State of Montana, i
/, and for the County OF Fergus, tn
18th day of October, in the year {
our Lord one thousand eight hundre
" and n1nRfV-tw0
rSp.LnI D.. A. MEAGHER,
Clerk.
= WADE & BARRows, Attorneys for Plaintiff