The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-14

ALIAS suMMONs-IN.. THE DISTRICT
n court Of tho First judicial district OF Tho
state Of Montaaa in and for the counts OF Lewis
bury. Flora Newbury, Alfred Bourks. J.. z.
Clarke, L. Brown and Napoleon saiyail, defend'
The state OF Montana sends greeting to tho
above named defendants;,
Yon are harehy required to appear IN an action
brought against You by tho above named piain-
till in tho distriet couI1 OF the Firat judicial dis
county e,aDr : Of Fl lewis Evils and elarae. and i to IA answer the
complaint tiled therein, within ton days
exclusive Of tie day OF sery.ieel after Tho
servioa on You of this summons, II served within
this count; or, II served out of this county. but
within this district. within twenty days; ether
wiss within forty days, or Judgment by default
prayer OF said complaint,
Tho said action is brought TO obtain: FIRST,
BY defendants chas. b. Newhury, Flora Nawbary
and Wired Eourke, Oct. 10. 1883. ulon that part
of lot IA, in bloct l. of Hlake's addition to Hell
ena. and in | EVIL. and tlarke county, Montana;
described by beginning at corner Of lots IA aud
Is i'll snid block on north side of Filth avenue:
thonce North along the line between lots 4 ami
Is, i0 feet 10 nor beast corner of lot ~; thence
west along north end of lot II, IS foot; thence
south 100 feet to q point on north line OF iifth,
avenue; thence east along north line Of said
Fifth avenue 50 feet to tho place Of beginning, to
secure payment OF a promissory note by them to
$l.2o0, due six months thereafter, with ono per
cent per month interest till paid. fecond
Judgment 3Et2lnEt ue1aHualtS Charles II New
bury, flora Newbury and Alfred tourks (, r SAB
interest due &c. a6, 1870. the payment thereof,
M is alleged, being wi hheld by an unreasonable
and vexatious delay. also legal interest on said
SIS from said date; for 81. 100 with IL per cent
per annum interest from 4 &c. ~, 1882, and for
costs Of snit. including y reasonable attorneys
foe. third against all of tie defendants the
usual decree fos he salo of said mortgaged
promises. applying tho proceeds Of such sate to,
watd payment of sail sums and barring and
forecloaing each If tho defendants rights, claims
and equity of redemption iii the said premise.
tourth-ihat the plaintiff have Judgment and
Now bury, licra Newbury and Alfred Eourke for
any deficiency which may remain after 20 apply
ing said proceeds. 1t is allegat that sid note,
mortgage, and interest due thereon has been
transferred to plaintiff and that he is the owner
OF the same; that said mortgage Is OF record on
page "a, in book 4 Of mortgages. of the records
Of said county; and that defendants B.. G..
Clarke, p. brown and Napoleon Sal all have or
claim to have some interest in or claim upon
said moItgaged PREMISE.
You are hereby notified that if You fail to
required, the said plaintiff will apply to tho
court for the relief demanded in said COM
plant
Given under my hand and the seal OF the dis
triet court of the First judicial district of the
state of Montana. in and for the
~@ county OF Lewis and Clarke.
Zeal First this lat day OF ecenber. in
Jud. Dist the year of our Lord one thou.
Court. sand eight hundred and ninety
JOHN BEAN. Clerk
j. A. Carter. Attorney Tor Plaintiff.