The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-30

A LAS SUMMONs-IN.. THE. DISTINCT
"A court OF the First judicial district OF the
state Of Montana in and for the county OF Levin
J. Il. salvail. plaintiff. ys. Charles. B.. New
bury, Flora Nawbury. Alfred Beurke. Z. q
Clarke, B. Brown and Napoleon Saivail. defend
The state of Montana sends greeting to the
above named dafendants:,
You are hereby required to appear in an action
brought against you by tho above named plain
tlff in the district court of the firat judicial dis
e eflos OF y ahg ! sssis .o Of a c1ssasI and y e sn sn. y"s ths
complaint filed therein. within tan dnys
Exclusive of tho day of ~seryice) after this
this county; or, il served out of this county, .but
within this district. within twenty days; other.
wise within forty days. or Judgment by defanle
will be taken against you, according to the
prayer of said complaint.
The said action il brought to obtain, First
By b1e det sasisatsa csas. Il 3. Nem Ms,,sH flora f Ns~burs
and 4 fired Bourke, Oct. 10, 1888, upon that para
s ., 10: "a y, il in block 7 |, q Flakes .aaiti0 as t. ael-
described BY beginning at corner Of lots II aud
ID in said block on north side OF Fifth avenue:
thence north along tho line between lots a anI
ID, 100 feet 10 northeast corner of lot IA; themes
west along north end OF lot ~. 3D. foot: themes
soa 8 100 ,h feet 70 = point on north sA line ,is. q 8 f LIZA
Fifth avenue Us feet to the place OF beginning, to
secure payment VI a promissory mote by thenlto
1920, due six months thereafter, with ens Per
cent per month interest till paid. Second
judgment aHalnsf Defendants GhArleH Is NEW
bury. flora Newbury and Alfred Eourke for x80
as is alloaed. being withheld By an unreasonable
SIS from said date; for VI, 400 with ~ per cent
per aEnum interest from Lee. 70, 1899. and for
costs OF suit. including n reasonable attorneys
foe. 1hird-Against all OF tho defendants the
usual decree for he sale Of said mortgagcd
premises. applying the proceeds Of such sale 10.
ward payment of said sums and barring and
foreclosing each of the defsndanta' rights, claims
and equity of redemption IN the said promises.
Fourth-fhat the pisintiff have judgment and
execution against the defendants t.hAries u.
Eewbury, Flora kewbury and Alfred Bourke Tor
any deficiency which may remain altar so apply
ing said proceeds. 1t is alleged that sntd netaS
mortgage, and interest due thereon has bsen
transferred to plaintiff and that he ~ tho ownss
of the same; that said mortgage 10 OF record ON
psge ga, in book I OF mortgages. Of tho records
Of said county; and that defendants u. u
Clarke. h. brown and Napoleon Salsa all have "
claim TO have acme interest In or claim upon
said mortgaged premises.
Yon are hereby notified that 81 yon fall ~
required. the said plaintiff will apply to the
court for tho relief demanded In said com-
plant
Given under my hand and the senl Of TIM dis
triot court of tho First Judicial district 1T thu
state OF Montana, In and for tho
~, ceunty ot Lewis ana Clarke.
Zeal First } this lat day OF iAansmhar, In
Jud. dat the year OF our Lord ono thuua
Conrt. sand eight hundred and ninety.
JOHN BEAN. CLERK.
s' A :, Carter mi nua Attorn esP Por yp ll.ii I