The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-18

ALIAS SUMMONS in. THE :DIsTAlCr
- court. Of this First judicial district Of tho
.tats ut Montana. In aud for tbs county ut
Abner e. Clements. plaintiff. w. Andrew NJ. Pat
aon,,pany. 4 correrstion. and q. W. Il. Griffith,
Tbs state pt Montana sends greeting TO tho
absyo named defendant.
Yon arc isreby required to appear In IN action
" the district court Of the FIRST Judicial distriatt
y me state Of Montana, in and for tbs county ~
iilsd tlherain, within len dnys, feseiusive * tho
DAY 81 %aoryireJ after the ~ssryics on You Of this
snlmtnons, II served within this county; .or,. II
d udsment By III aet.a eIps viii 30 W .aRan , "snins ay yoa
acaGordlnK 70 the prayer 81 SKID complaint
lie kAd ACTION u t.folgHE ~ ~foreclose 4 mort
sage %eaecnted BY dslpnd nj lndrew NJ. Fat-
ton to Jhmes u. .ailmoar on Tho 9th d3y Of
late situate In tho county of Lewis and Clarke
and stale af Montans. TO wit: Tho northeast
quarter 81 nnrthsatt %dnartor, this Rorth half Of
northwest quartsr IL section 5, and north hsif
or nprthweat quarter sad northwest quarter Of
northeast auartsr OF sactton .. all in township 10
north ranK5 5 west, axcapt II acr.s iak0n off the
west end OF Roth !lnif of southeast quarter oil
northeast quarter of said section 4, aud for tho
recovery of q Judgment I $500 rs an attorneys
fec for foreclosure proceedings and for costs.
IN" Complaint lan .ll.se % among other things that
va tuV III Aay u UulS. I6b%, kMia IALLOu exe-
cutsi to said ailmour three nromissory notes.
one for tho sum Of lilo, dl6 and payable ons
year aftsr date and bsarinK interest MT ths rata Of
eight PER eentun1 per ,annum, enc for tho sum Of
3l.O,0so, dne and pafab = two years after date.
with intsreat ht tho ratio Of eight per centum per
anaam, and . third {. : 1890, duo and payable
rate Of sisht per centum per annum, and that to
secure tho payment, q said nstos sa!d mortgage
notes was m ms allment Of tho principal sum
ot $2a. l09 OWN. BY said Fatto1 to said Gilnour.
That said mol tsase was recorded in mo office Of
Soth day 81 July, 1890, ia buok s of mortgages
~ ~! PAGE n; That On the l4tn day, Of January.
! w. e III. = ! a, y "; I . ~ .n' AZ, notes aad mort
n.npaid. except the following sums, sos paid
a eas. = T. is Vs., 80 ss4s Ell Il e ssRt. ST. ! vi 3. ISL ss2 ss5 S:ia
That on en- Az II Juns, 1850, James ii. Gil
said defendant Patton the above described prem
isss Tor the co consideration of 351.5O0. that 81 that
time there existed tme mortgage liens thereon,
mour and vito to David II. Giimour, date1 Nov.
dsts, and bearing interest at the rate
said Gilnour and wife to the Jarvis-Conklinu
dated Feb. i. 1895, ana duo and payable i've
years after date. with interest at the rate Of six
per csntum per annpm payable semi-annually.
WA1GA lnO EAU MOItR1k0S bAlu fALLOu ASr00Q
TO assume and pay. as part OF sid SUM OF $751;
500. the purchase price Of said premises. That
said Patton has failed and refused to pay the
interest dus and in arrear on said two mortgages
amounting to 1910 On the first mentioned and
SLIT or the second, and that the holders ct said
mortgages are about to foreclose the came.
That said property cannot be sold in portions
without injury to the parties. That the defend
ant Northwestern Land and Investment com
pany and y. NJ. e. Griffith. ~trnstea, h.vo or claim
to have some interest in the premikes ~accrning
since said mortgage, and that the sam Of 81, 500
i ! reasonable attorneys fee for the foreclosure
proceedings Tie plaintiff demands judgment
for foreclosure. That tho nortgaaed premises
be sold and ths prccaods applied to tho payment
of the costa and expenses of this action, includ-
ing $1,000 for attorneys fec. and the amount
owing on tho three notes and mortgage, with in.
tsrest en- said notes up to the time of payment.
and that the defendant Patton may be adiudged
to pay any deficiency.
And 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
conrt tor tns relief in said complaint demanded.
Given under my hand and the seal OF the dis
trict court Of tho First judicial district of the
nate OF Montana. in and for the county of Lewis
and Clarke. this 22d day OF January, in the
year Of our Lord, one thousand eight hundred
and ninety-two.
LSeall JOHN BEAN, Clerk.
BY II. +. THOMPSON, Deputy Clerk.
CRUTCHER q GARLAND.
Attorneys for Plaintiff 1