The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-29

IA court Of the First judicial district Of the
state stat Of Montana in and for the county of Lewis
J. B. ~salvail, plaintiff. rs. Charles B. New
Clarke. B. Brown and Napoleon salvail, defend.
The state of Montana sends greeting to the
above named defendants:
You arc hereby required to appear in an action
Dron!sht against you by the above named plain
TN in the district court of the First judicial dis
triot of the state Of Montana, in and for the
complaint filed therein. within ten days
exclusive of the day of eervice) after the
service on You of this luminous if served within
WITHIN this district, within twenty days; other
win DO taken against you. according to the
prayer OF said complaint.
The said Sction is brought to obtain: First
By aef a1ssS59sq Gs.,. q +. Sew mnrtsa sior, e Nswbnr1
and Alfred Bourke. Oct. 10. 1853. upon that part
of lot "a, in block Il of Blako's addition to Hell
ena. and in / evils and Clarke county, Montana,
Is in said block on north side Of Fifth avenue;
thence north along tho line between lots n and
10. 100 feet TO northeast corner of lot IA; thence
west along north end of lot IA, IS feet: thence
south 1Oo feet to q point on north line of fifth
avenue; thence east along north line OF said
Fifth avenue IS feet to the place of beginning. to
secure payment OF a promissory note by them to
defendant Napoleon sslvail of that date for
$1,000. due six months thereafter. with one per
GsAt per month interest I'LL paid. second
Judgment against defendants Charles b. New
bury, Flora Newbury and Alfred kourke for S8S
interest due Dec. 20, 1899. the payment thereof,
az - ALLEGED, being withheld by an unreasonable
and ve2atious delay, also legal interest on said
S3s from said date: for q, 200 with IL per cent
per annum intereat from Dec. 2G, 1897, and for
costs Of suit. including a reasonable attorneys
Zee. Ihird-Against all of tie defendants tbs
ususl. decree for the sale of said mortgsgod
premises, applying the proceeds Of such sale to,
ward, payment, Of said eums and barring and
fcreciosing each Of the defendants rights, claims
and equity. OF redemption In the said premises.
Fourth-That this plaintiff have judgment and
execution against the defendants Charles b,
Hewbnry, Flora Newbnry and Alfred Bourke for
any detloieneS which may lemain after so apply
Ing said proceeds. 1t 10 alleged that said note,
mortgage, and interest due thsreon has been
transferred to plaintiff and that he is the owner
page IA, in book 4 of mortgages. of the records
Of said county; and that defendants b. Z.
Clarke. 3. Brown and Napoleon Salvail have or
claim to have some interest in or claim upon
said mortgaged promises.
You are hereby notified that IL you fail to
appear and answer the eaid complaint, as above
required. the said plaintift will apply to the
court for the relief demanded in said COM
plant,
Given rnder my hand and the seal OF the dis
trict court of the First judicial district OF the
state of Montana. in and for the
.r county of Lewis and Clarke.
Zeal First this lst day OF eCenher. in
Jud. Dist. the year of our Lord one thou
Court, sand eight hundred and ninety
JOHN BEAN. Clerk.
J. A. Carter. Attorney fer Plaintiff.