The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-11

- court Of the Firat judicial district If tho
state OF ,MontAnA. In and for the COUNTY of
lAhnsrH d. Clements, plaintiff. v. Andrew N. Pat
ton and lhs Northwestern Land and II ysstment
Company, = corporation. and q. W, ". Griffith,
The state Of Montana sends greeting to the
above named defendant.
You are hereby required TO Appear IN an acti9a
Drought against you by the Aboye named plaintiff
In the district. court Ut tho I irst judiciAl district.
II ,hs state ot Mnontana, in and toy the county 81
tiled fhersln, within ton days. exclusive Of tho
day Of ~servioe) after the sarvles on yea OF thiss
snmlnons, il served within this county; OF, il
y, within lha twenty d,ys; oths sI,.d within forty days v.
sn,Ssording TO the prayer Of said complaint.
The cad action 10 Drought to toreGloss . mort
ton to James u. 1iimour on the 9th day Of
i.te situate tai; IN II s shs county as,1ay' " l assfsls and Fs Clarke K.
and state OF Montana. to wit.: The northeast
quarter Of northeast quarter, tbs north, half OF
half Of northeast quarter and sonth half Of
northwest quarter OF section y, and north halI
OF northwest quarter and northwest. quarter 81
northeast quarter OF section 8, all in township 10
north range 5 west, except y acres taken OIL tho
west end OF north half of snutheaat quarter of
n Tssa1ss, q an . ;aar ., ssid + fs ss.soo J. =, :. saa att tas M :
fee for foreclosure proceedings and for costs.
The complaint alleges among other, tlings that
On Ll0 OGn Ouy Cl Julb, 1917, sAlt tllOA 6At-
cutel to said Gilmour thres, promissory, notes.
one for the su,n OF Sa,lt0, due and rayab'e one
yenr after date and bearing interos. at tho rate Of
eight per centum per ,annum, one for the sum OF
$lO .ogO, due and pAYab . two years after date.
With interest 1T the rate OF eight per centum per
annum, and n third I. 7 $1,000, due and payable
rate Of eight par centum per annuul, and that to
secure the payment. of said notes said MORTGAGE
was executed And that each and every OF said
Of So. 100 OWN by said rattoa to said Gilmonr:
That said mott rage was recorded in the ONCE OF
the recorder OF Lewis and Clarke counfy on the
S0th day of July, 1880, in book 8 OF mortgages
on page q. That ON the 14th day of January.
1882. faid Gilmour assigned said notes. and mort
gage to this plaintiflfor value. That said hrst nots
unpaid. e1ceps the following, sums, sS;5 paid
sept. Z e 1891, s ! .o Up paid d. Oct ss;d :. 1ssl' ssb so,
mour and Wits executed ! deed conveying t.
iss' for the co nsidsration Of ssi.5So. that ,au that
time there existed two mortgage liens thereon
ono for the sum of S4.Co0 executed by said Gil
50, 1858, and due and payable five years after
date, and bearing interest at the rat
Of six per csntnm per snnum pay
said Gilmonr and wife to the Jarvis-Conkli;
Mortgage Trust %con1pan for tue sum of ,Sa.aauO
dated Feb. 1. 1892, anu due and payable tyt
per centum per annum payable seml-annuaily
which two sad mortgages said alton agree'
to assume and pay. AZ part or sara SUM o. VII,
800, tho purchase price Of said premises, Iha
said Patton has failed and refused to pay til
intere st due and in arrear on said two mortgage
amounting to $40 on the first mentioned an
SIT on the second, and that the holders Of sal
mortgages arc about to foreclose the Same
That said property cannot be so'd in portion
without injury to the parties. That the defend
ant Northwestern Land and Investment com
pany and Ii. w. /. Griffith, trustee, have or clair
10 have some interest in the premises accruir
since said mortgage, and that the sum 0f S2,5l
is a reasonable attorneys fee for the foreclosur
proceedings. Tho plaintiff demands iudsnaen
for foreclosure. That the mortgaged premise
be sold and the rroc"sds applied to the psyn e.
of the costs and expenses of this action, inciud
ing $500 for attorneys fee, and the amour
owing on the three notes and mortgage, with in
tarest on said notes up to the time Of payment
and that the defendant Patton may ba adj Judge
to pay any deficiency.
And you are hereby notified that it you fail t
appear and answer the said complaint, rs abov
required. tho said plaintiff will apply to Il.
court for the relief in said complaint demanded
Given under my hand and the seal Of the. dis
trict court of the First judicial district Of tn
81 late OF Montana. in and for tbs county OF Levi
and Clarke, this I'D day OF January, in til
year Of our Lord, one thousand eight hundre
and ninety-two.
BY Fl. II. THOMPSON, Deputy Clerx.
CRUTCHER u GARLAND, "@
Attorneys for Plaintiff.