The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-13

ALIAS SrMMONS-IN THE INSTRUCT
"A court cf the First judicial district OF the
state Of Montana in and for the county of Lewis
j. f.. s~alvsi,. plaintiff, Va. q aries, b. New
bpry, Flora Sewbury, hlfred Bourke, I. 6.
Clarke, y. Brown and Napoleon salvail. defend
The state OF Montana bends greeting to tho
above named defendants:
brought against you by the above named plnin-
tiff in the district court Of the First judicial dis
triot of the state Of Montana, il and for n,
complaint filed therein. within ton days
Exclusive of tho day of service) after. the
service on you of this summons, il served within
within this district. within twenty days: other
wise within 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: First,
bhs ssf foFssl1s4 rsss' ct +. Sow morts1Fsis flora s Nawbu11
and Alfred Bourke. Oct. 10. 1855. uron that part
of lot IA, in block L of llake's addition to Hell
ena, and in lewis and Clarke county, Montana,
Is in said block on north side Of Fifth avenue;
thence north along the line between lots ~ and
10, 100 feet to northeast corner OF lot IA; thence
west along north end of lot IA. s. feet; thence
south 100 feet to . point on north line Of Fifth
avenue; thence east along north line OF said
Fifth avenue IS feet to the place of beginning. to
defendant Napoleon salvail of that date for
$1,000, 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 Eourke for 1913
interest due Iec. 26. 1880, the payment thereof.
as j. alleged, being withheld by an unreasonable
and vezatious delay, also legal interest on said
$Ss from said date; for 81. 200 with u per cent
per annum interest from Lee. ~, 1899, and for
costs of suit, including a reasonable attorney Q
fee. lhird-A gainst all of the defendants the
usual decree for the sale Of said mortgagcd
premises, 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 eaAd premises.
fourth-'Ihat the plaintiff have Judgment and
execution against the defendants charles b.
Newbnry. Flora Newbury and Alfred Bourke for
any deficiency which may ROMAN after 20 apply
ing said proceeds. 1t is alleged that said note.
mortgage, and interest doe thereon has been
transferred to plaintiff and that he is the owner
of the same; that said mortgage is OF record on
page IA, in book 4 of mortgages, of the records
Of said county; and that defendants b c.
Clarke, B. Brown and Napoleon Salyail have or
claim to have some interest in or claim upon
said mortgaged premises.
You are hereby notified that IL you fail to
appear and answer the said 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 the
state of Montana. in and for the
.,a.-- county of Lewis and Clarke
Seal First this lst day OF / ecember. in
Jud. Dist the year of our Lord one thou
Court. sand eight hundred and ninety
JOHN BEAN. Clerk
By c. W. BURTON, Deputy Clerk.
j. A. Carter. Attorney for Plaintiff.