The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-01-26

ALIAS sUMMONs-IN THE DISTRICT
50 court ct the First judicial district Of the
state OF Montana. in and for the county Of
Abner 3. Clements. plaintiff. vs.. Andrew NJ. Pat
Ten and ne Land and Investment
G trn1t ? ys = eoaEparstion' and z. v. ~ Griffith,
above named defendants.
brought against You BY the above named plaintiff
g The district court of the First judicial district
e ,as s state c It Men .na / u na and fof 81 The comni,io Ct
day Of %seryicee) after the service On You Of this
served out Of tits county, bit in thiss district.
within VI ~ + twenty x days (, Otherwise EaI,S1 {, within forty days.
according to the prayer OF said complaint.
gage. executed BY defendant Andrew N, Pat
June, 1890, on the following described real o.
tate situate in the county Of Lewis and Clarke
and state Of Montana. to wit; The northeastt
southeast quarter Of northeast quarter, the west
halt OF northeast quarter. and south half Of
northeast quarter Of section 8, all in township 10
north range 8 west, except 8 acres taken off the
northeast quarter of said section 8, aud for the
recovery of q Judgment ~ $4,000 as an attorneys
tee for foreclosure proceedings and for costs,
The complaint alleges among other things that
on tho 9th day Of June, 1890, said Patton exc
cutea to said Gilmonr three promissory notes,
one for tho sum Of $9,1l0, due and payable one
year after date and bearing interest at tho rate Of
eight per centrum per .annum, one for the sum of
$4,000, due and payab.e two years after date.
annum, and a third K $4,000, due and payable
three years after date and bearing interest ut the
rate 9 q t eight per centam per annum, and that to
Was executed. And that each and every OF said
notes was an ms allment Of the principal sum
Of 500, 100 owing by said Patton to said Gilmour.
l mat SAID mort tAIe was recorded In the office OF
the recorder ~ Lewis and Clarke county on the
SOB 80 ns day = 9f JgHq hsit 1880 sa in n b 5d.b &c : q j mio s5as
1872. said .Gilmour assigned SAID notes and mort-
gage 70 this plaintiff for value. That said first note
unpaid, except the following sums, s625 paid
Sept j u i 81 sS4s ISL p ii Oct: 8. isS 81: Ss5 psst
That on 9Th day Of June. 1890, James Fl. Gill
mour and wife executed q deed conveying to
5 ises f asf tRe ao n1 faetsn the a. a1S SS1' 5 eSof that = Rr t6at
time there existed two mortgage liens thereon,
one for the sum Of 1900 executed by said Gill
date, and bearing Interest at the rate
Of six per cen5am per annum pay
said Gilmonr and vile to the Jarvis-Conkliaa
Mortgage Trust company for the sum Of VI, 800,
years after date. with interest at the rate OF si1
pei. centum per annum payable semi-annually:
which two SAID mortgages said Patton agreed
' u ~ pdys ~ pdII@ VI Salh Sull VI D1lss
800, the purchase price of said premises. That
said Patton has failed and refused to pay the
interest due and in arrear on eaid two mortgages
amounting to $240 on the first mentioned and
SLIT on the second, and that the holders of said
mortgages are about to foreclose the same.
That said property cannot be sold in portions
without injury to the parties: That the defend
ant Northwestern Land and Investment COM
pany and &. w. ID. Griffith, trustees, have or claim
to have some interest in the premises accruing
since said mortgage, and TINT the sum Of s., 800
is a reasonable attorneys fee for the foreclosure
proceedings. The plaintiff demands Judgment
for foreclosure. That tho mortgaged premises
be sold and the proceeds applied to the payment
Of the costs and expenses Of this action, includ-
ing g. $500 for attorneys fee, and the amount
owing on the three notes and mortgage, with in
terest ontsaid notes mp to tho time of payment,
and that the defendant Patton may ba adjudged
to pay any deficiency,
And you are hereby notified that II You fail to
appear and answer the said complaint, as above
required. the said plaintiff will apply to the
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 the
state of Montana, in and for the county of Lewis
and Clarke, this 22d day OF January. in the
year of our Lord, ono thousand eight hundred
and ninety-two.
[Seall JOHN BEAN, Clerk.
BY Fl. r. THOMPSON, Deputy Clerk.
CRUTCHER Il GARLAND,
pn1 f~r DJntr+;T