The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-18

ALIAS sUMMoNs-N, THE DISTRICT
n court of the First judicial district OF the
state Of Montana in and for the county OF Lewis
j. r. salvail, plaintiff, ys. Charles B. New
Clarke, 3. Brown and Napoleon salvail, defend
The state of Montana sends greeting to the
above named defendants:
You are hereby required to appear IN an action
tiff in the district court Of the First judicial dis
triet of the state of Montana, in and Tor ths
compliant filed therein, within ten days
Exclusive of the dayIJof seryice) after the
,s ssfvi oon on you o,' Of f this hds1 sam nns nf Its i ss eogat wit bu9
within this district. within twenty days: other.
wise within forty days. OF Judgment by default ht
win be taken against you. according to the
The said action is brought to obtain: First
bSs sef tGGsS5fs9 caas. 4 B. s 4 R9Ttsf Flor. s Ns% :
and Alfred Bourke. Oct. 10, 1888. upon that part
of lot IA, in block L of glake's addition to Hell
ena. and in Lewis and Clarke county, Montana,
described by beginning at corner OF lots IL and
Is in said block on north side Of Filth avenue;
thence north along the line between lots 4 and
west along north end of lot IL. 35 feet: thence
south lO0 feet to a point on north line OF fltth
venue eye ennae 4, , east ~ along tSn I, no.s N bng nj sa to
secure payment OF . promiseory note by them TO
defendant napoleon snlvail of that date for
81, 200. due six months thereafter. with one Per
cent per month interest till paid. Second
Judgment against defendants Charles b. New
bury. flora Newbury and Alfred Bourke for SS8
interest due lee. 20. 1890. the payment thereof.
~ is alleged, being withheld by an unreasonable
and ve1ntious delay, also legal interest on said
S3S from said date; for 81, 200 with IL per cent
per annum interest from Dec. 70, 1897, and Tor
costs of suit. including q reasonable attorneys
fee. Ihird-Against all of the defendants the
usual decree for the sale of said mortgagcd
promises, applying the proceeds Of such sale to-,
ward payment of said sums and barring and
foreclosing each of the defendants' rights, claims
and equity of redemption in the said PREMISE:
Fourth-lbat the plaintiff have Judgment and
execution against the defendants Charles Is.
Newbury, Flora kewbury and Alfred Hourke for
any deficiency which may remain after so apply
ing said proceeds. 1t 10 alleged that said note,
mortgage, and interest doe thereon has boon
transferred to plaintiff and that he 10 the ownor
ppge 244, in book 4 OF mortgages. of the records
Of said county; and that defendants u. q.
Clarke. b, Erown and Napoleon Salyail have or
claim to have some interest in or claim upon
said NOR tagged premises.
You arc hereby notified that IL you fail 10
appear and answer the esid complaint, as above
required. the said plaintiff will apply to the
court for the relief demanded in said com
plant.
Given under my hand and the seal OF the dis
trict court of the First judicial district OF this
state Of Montana. in and for tn
~ county of Lewis and Clarke
Seal First } this list day OF ecember In
Court. fand eight hundred and ninety
JOHN BEAN. Clerk
BY c. w. BURTON, Deputy Clerk.
ia. Carter. Attorney for Plaintiff.