The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-12

IA LIAE EuMMONS-IN THE DISTRICT
a court Of tho First judicial district ot tho
ststs, Of Montana, In and for tho county OF
Ahnsr Il. Isistasnts. plaintiff. ". Andrew nj. pat
ton and Tho Northwestern Land and Investment
somnsuy, !. cooperation, and 9. " ~ Griffith,
The atata Of Montana scnds ~grestinR to the
above named defendant
brought agsinats yon' By tho above named plsin5ilff
~ aRa the district court OF the r .T 1ndis!as distrtof
{. .hs ~: :ssss a e Hsn s ! d !. sn sas ri en- Ne s senaty NJ
DAY q s-ervl|sssall aftsr lhs ssryies o. xoa q TIL:
served out of this county, but IN this distriot,
:: :s; Ssat$s9 y 1 s ss:sss' sl' e, i s ssssa :ss.a.sssa
gAse executed ~ defend ut Andrew, N, IA:
June, 1860, on the following .desoriGed reAl e~-
tats situate In tAs county OF lewie. and Clarke
and state Of Montana. e Wit; Tbs northeast
sonthenst quarter OF northeast quarter. the west
half of northeast quarter and south half Of
Of northwest quarter and northwest quarter OF
northeast quarter OF section p, all IN township 10
north rang > west, except Y acrss taken of tho
northsa at quarter of said section 8, aud for tha
recovery OF D Judgment I 1880 An an attorneys
fee for foreclosure proceedings and for costs.
The complaint alleges among other things that
on tho 9Th day ii Juns, lSN1, said Patton exc
cutei to said Gilmonr three promissory. notes,
one for the sum OF xA,1,0, due and lsayable one
year after date and BEARING INTEREST at the rate Of
eight per centun per annunl, ono for tho sum OF
$1,000, due and payabs two ,ears after date.
annum. and = third FIR So 0l, due and payable
three years after date and bearing interest at the
rate Of eight Per osntum per annurn, and that TO
WAS executed. And that cash and every OF said
net sso was ,oa an ins allm linen q th I, I prine alEi,no sum
NJ i said MN tnva Wr racOrfIAH in the OthG0 NH
the recorder OF Lewis and Clarke county on the
30th day Of July, 1870, in book 3 of MORTGAGES
I 49,! Pax aaid Il Gil hnss on %aesi aas is .s1d u notes 81 and naa mort
Rageto this plaintiff for yalne. That said first note
for the sum of Sg,l0o and interest is que and
Aug. y, 1891: sS2s paid Sept. :. 1881 $S5s peaid
sept. y. 1891. Sb4s.B 81 paid Oct: :. 1891, sss5s.64
paid Oct IS 1891, and So paid Nov; !. isol.
mour and wms executed = deed conveying to
said defendant Patton the ahoyedescribod prem
ises FOR the co consideration Of .S5l.5o0I. that a mat
one Tor tho sum Of S 1900 executed by said Gil
mour and wife to David II. GilmSonr, dated Nov.
g. ssta 1855, .a and due bssr and g ;sts4sst ti, st years she ' fs,t
able obi - .nnp psf 's and one ms, saeealsd y +
Mortgage Trust company for tho sum of $500
dated Feb. |. 1907, and due and payable five
years after date, with interest IT the rate Of 81,
which two said mortgages said fatton agreed
to assume and pay. as part of aalu sum OF SOL.
500, the purchase price Of said premises. Tha
said Patton has failed and refused to pay thu
interest due and in srrear on said two mortgage
amounting to .$2to on the first mentioned snt
S177 on tho second, and that the holders OF sale
mortgages are about to forecloss the anne
That said property cannot be sold in portions
without injury to the parties. That the defend
ant Northwestern Land and Investment com
pany and II. w. 4. Griffith, trustee, have or CLAIM
to have some interest in the premites ~accruinl
since said mortgage. and thst the sum OF $2,5 G
is a reasonable attorneys fes for the foreclosure
proceedings. The plaintiff demands judgmen
for foreclosure. That the nortgaged premise
be sold and the proceeds applied to the paymsn
Of the costs and expenses Of this sction, inolud
ing s., 500 for attorneys fec, and ths amour
owing on the three notes and mortgage, with in
tsrest on said notes up to the time Of payment
and that tho defendant Patton may b. adjudGe'
to pay any deficiency.
And you are hereby notified that il you fail tt
appear and answer the said complaint. as aboy
required, the said plaintiff will apply to tn
court for tho relief in said complaint demanded
Given under my hand and the seal Of the dis
trict court of the First judicial district of tn
q, ate OF Montana, in and for the county of Levi
and Clarke, this 22u day OF January. in tn
year of our Lord, one thousand eight hundrs'
and ninety-two.
[Seall JOHN BEAN Clerk.
BY r. H. THOMPSON, Deputy CLERK.
CRUTCHER L GARLAND,
Attorneys for Plaintiff. N