The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-09

h A LAS suMMoNs-IN.. THE, DISTRICT
n court OF the Fret judicial district OF The
state sf Montana in and for tho county Of Lewi'
]. i. s.ivaii, plaintiff. W. Charles, D. New.
bury, Flora Newbury,, Alfred Bourke, !. z
Clarke. =. Brown and Napoleon saivail' defend
Tho state Of Montana sends greeting to the
Yon arc hereby required to appear In an action
brought ugsinst you by tho above named plain
tin in tho district court of tho First judicial dis
county Of Lewis and Clarke. and to answer tho
complaint filed therein. within ten days
service on ron Of this il served within
this county; or, X served out of this county, but
within this district, within twenty days; other
will DO taken against You, according to the
prayer Of said complaint.
Tho said action is brought to obtain; First
by defendants chas. b. SewbSrs.. Flora Nswbary
and Alfred Bourke, Oct, 10. 1888, upon that part
ena, and in Lewis and Clarke county, Montana,
described ~ beginning at corner Of lets IL and
p in said na block on aorta aid, Of Fifth avenue;
ID. 100 feet to northeast corner of lot. II; thence
weat along north end Of lot IL, ID feet: thence
south 100 feet to a point on north line OF kifth
avenue; thence east along north line of said
Fifth avenue IS foot to the place of beginning. to
secure, payment OF a promissory note by them to
defendant Napoleon Salvail of that dato for
$1,000, due six months thereafter. with one per
cent per month interest till paid. Second
JnuSmeHt against ue1enuantS Cnarles y new
bury, Flora Newbury and alfred fourke for $S8
interest due Dec. 70. 1880, the payment thereof.
as is alleged, being withhold by an unreasonable
and vexatious delay. also legal interest on said
$3s from said date; for 81, 200 with II per cent
per annum interest from Dec. u, 1891, and for
costs OF suit. including = reasonable attorneys
fec. Against all Of tho defendants the
usual decree for the sale of said mortgagcd
premises. applying the proceeds OF such safe to-
ward. payment of said sums and barring and
foreclosing each of the defendants rights, claims
and equity of redemption in the said premises
fourth-lhat the plaintiff have Judgment aud
Gewbury. Flora Newbury and Alfred Bourke for
any deficiency which may remain after SO apply
ing said proceeds 1t is alleged that sid note,
mortgage, and interest due thereon has been
transferred to plaintiff and that he is tho owner
of the same; that said mortgage is of record on
page pa, in book 4 of mortgages, of the records
of said county; and that defendants B.. e..
Clarke. Il. Brown and Napoleon Salyail have or
claim to have some interest in or claim upon
said mortgaged premises.
iou are hereby notified that II you fail to
appear and answer the eaid complaint, as above
required, the said plaintiff will apply to the
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
r- county of Lewis and Clarke.
Seal First this lat day OF Iecember, 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.