The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-26

LAS SuMMONs-N THE DISTRICT
~ court Of the First judicial district of the
state Of Montana in and for the county Of Lewis
j. b. t~alvail. plaintiff. vs.. Charles B. New
bury, Flora Newbury, Alfred Bourke, +. G.
Clarke, b. Brown and hspolson Salvsh, defend
ants.
The state Of Montana sends greeting to the
above named defendants;
You are hereby required to appear in an action
brought against you by the above named plain
tif in the district court OF the First judicial dis
triot of the state Of Montana, in and for the
complaint filed therein. within ten days
texclusiye of the day of seryice) after. thu
service on you Of this nmmon i served within
this county; or, If served out OF this county, but
within this district, within twenty days; other
wise within forty days. or judgment by default
will be taken against you. according to tina
prayer of said complaint,
The said action is brought to obtain; First,
IN The aat f1rsSl9sq rs,.' Of { S ( IoEtsasssi or, s Nswbn,l
and Alfred Bourke. Oct. 10, 1855, upon that part
of lot IA, in block l. of Blake's addition to Hell
ena. aud in Lewis and Clarke county, Montana,
Is in said block on north side Of Fifth avenue;
thence north along the line between lots "a amt
10, 100 feet TO northeast corner OF lot Id thence
west along north end of lot IA, So feet: thence
south 100 feet to a point on north, line Of iifth
avenues; thence east along north line OF said
Fifth avenue So feet to the place of beginning, to
defendant Napoleon salvail Of that date for
$l,ao0, due six months thereafter. with ono per
cent por month interest TIL paid second
Judgment against defendants Charles Il New
bury, Flora Newbury and Alfred ourke ftr $50
interest due lee. 20, 1850. the payment thereof.
rs is alleged, being withheld by an unreasonable
and vexatious delay. also legal interest on said
SSS from said date; for 81, 400 with 10 per cent
per annum interest from pec. rs. 1s9i, and for
costs OF suit, including q reasonable attorney o
Zee. Ihird-Against all OF tic defendants the
usual decree for he sale Of said mortgaGcd
premises, applying the proceeds OF auoh sale to.
ward payment of said sums and barring and
fGr9cle5llR each of the def6AQAntst rlyutP, claims
and equity of redemption in the said promises,
Fourth--Ihat the plaintiff have Judgment and
execution agRinst the defendants ( harlas II.
New bury Flora New bury and Alfred Bourke for
any deficiency which may rcmain after SO apply
ing said proceeds 1t 10 alleged that said note.
mortgage, and interest doe thereon has been
transferred 10 plaintiff and th.t he 10 the owner
OF the same; that said mortgage il OF record on
page IA, in book 1 of mortgages. of the rocords
Clarke, d. brown and Napoleon Sal all have or
claim TO have somo interest i'll or claim upon
eaid mortgaged premises.
You arc hereby notified that If you fail to
appear aud answer the said complaint, as above
required, the said plaintiff win apply to tho
court for the roiief demanded in said com
plant
,,; Gwen Uaas En d my band and ,, the seal q the d.,
state of M ontana. In and for the
Co county of Lewis and Clarke
)jnd. Dist the yea, Of our Lord one thou
Court sand eight hundred and ninety
r two.
JOHN BEAN. Clerk.
By G.. w. BURroS, Deputy Clerk.
j. A.. Carter. Attorney for Plaintiff.