The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-08

A ns court q tSs First Judicial district 81 tho
stats Of Montana, In and for tho county Of
Abnsr d Clements, plaintiff. ". Andrew NJ. Pat
ton and The Northwestern Land and ln yestment
%trnstes, defendants.
Ins st.ts II Montana sends greeting to the
You arc hereby required e appear in an action
q , tSRs distariat. eaart q the rirst ,iadioi.l .di.iriu::
ffIoda' thsseia, vithiatsn a.y., le1eiusiys u she
summons, il ..ryea within tbs county; On. 4
soryyed out Of this county, but IN this district
" %i!a nd.m ,wsnt b as;;.s eEhs ~iT S T ,.hsa fort, ss.la. a; ,os
acSSoerding to The prayer u said complaint.
The rad aotion 10 6rougnt TO foreclose : mort
ton to jAmss ii. Giimour on tho 9TH day OF
juno, 1859. on the following dcscriped real as
.nd s sIsas, e 'n m tine county OF v Levi .th and ao. asarse
southeast quarter of northeast quarter. tho west
northwest quarter OF section y, aud north half
ct northwest quarter and northwest quarter Of
northeast quarter Of section 9, all in township 10
west end OF north half OF southeast quarter OF
northeast quarter OF said section !, and for the
fee for Foreclosure proceedings and for costa.
The complaint alleges among other things that
on Or. Il. 9th Day q June, 1890, said Patton ere
one for tho sum of xa,lt0. due and payable one
year after date and bearing Interest," At the rate Of
$1,000 i due and p " two years altar date.
with interest At tho rate Of eight per centum per
.stn NJ and = thisd {, : 5000, due and PAYABLE hs
ratio Of eight par contain per annum. and that to
secure the payment Of said notes said mortgage
was oxeoutsd.. And that eA.h and every q said
Of $40. 100 OWN by said Patton to said sGilmour.
That said MOI t1sgow as recorded IN NC office Of
soth day Of July, 1890, in book 9 OF mortgages
on page q. That on the 14th day of january.
1872, said Gilmour s.aisned sad notes and mort
for this sum Of So, LOO and interest is due and
unpaid. except the following sums, :6$b paid
a eng: y i: ISL ISL st ss4B B 81 p ssRt. Oct ); 's 3. isa rs sss Hs'a
That on 6th day Of June. isao; James H. Gil
said defendant Patton the above described prem
ites for the co moderation of Sa1.5oo. that at that
time there existed Two mortgage liens thereon,
mour and wite to David Fl. Gilmour, dated Nov.
80. 1885. and due and payable five years after
Date and n0l bearing dna,nrh interest rest at the rate
said Giimour and wife 10 The Jarvis-Conklin1
dated Feb. /. 1891. and due and payable Ave
years after date, with interest at the rate of six
par centrum per amman payable semi-annually;
70 assume and pay, a. parls OF SAID sum OF $751;
800, the. purchase price Of ssiu premises, That
said Patton has failed and refused to pay the
interest duo and il arrear On said two morteases
S177 on the second, and that the holders Of said
mortgages are about to foreelos6 the same.
That saia property cannot be sod in portions
without injury to tho parties. That the defend
ant Northwestern Land and Investment com
Dnny and q. w. \. Griffith, trustee, hAvo or claim
y have some interest in the premises accruipg
since said mortgage, and that the sum of 81, 500
is n reasonable attorneys lee for Tho foreclosure
proceedings. Tie plaintiff demands Judgment
Tor foreclosure. That tina mortgaaed premises
DO sold and the Lrocaeds applied TO the payment
of the costs and expenses of this action, includ.
lug 81, 500 for attorneys fee. and the amount
owing on the three notes and mortgage. with in
t,rest tn said notes up to the time of payment.
and that the defendant Patton may be adiudged
to lav any deficiency.
And you are hereby notified that it you fail to
appear and answer tho said complaint, a. above
required. the said plaintiff will apply to the
court for tns relief in said complaint demanded.
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 this county Of Lewis
and Clarke, this 22d day OF January, in the
year of our Lord. one Thousand eight hundred
and ninety-two.
[Seall JOHN BEAN, Clerk.
BY H. r. THOMPSON, Deputy Clerk.
CRUTCHER Il GARLAND.
Attorneys for Plaintiff.