The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-24

A LIAS sUMMONs-lN.. THE. DISTRICT
n court Of the First judicial district OF tho
state Of Montana. In and for the county OF
Abner IS. Gismeuts, plaintiff. ". Andrew NJ. Pat
ton and Ihs Northwestern Land and ~ sestmant
COMPANY. . eornoration, and e. W. n. dfifath'
The atats Of Montana sends greeting to the
above named defendants.
You are hereby required ia, Appear IN m antioa
Drought, against You by the above named plainta
IN the district court Of tho first judiolAl distrios
I.ew,s AMI slA,s Clarke II IseI and 10 4 answer tho complaint
filed therein, within ten days. lexciuaiye ct ths
day Of serviee) after tho service on you Of thu
s salsadoo out ! Of fet thiu county. but In thiss district.
within twenty days; o,he m,H :, within han forty a. .n.
q ses 9sSfmsq se z &. a er.ss. s i ala q e saasa :Saea'''o'
This said sctiOn il nron4nt to foraoiose = mort
gage eaeonted " defend mt AnArAw N. rat.
3une, 1890, on w following "a deserinsd re esI., e.
ana s.at e e no MGs,saa aua e rn lie me North hof haif q
southeast quarter OF northeast quarter, the vest
half VI q northeast quarter aa and &C. s9pt nor aSlf IL. q
OF northwest quarter and northwest quarter OF
northeast auartsr Of aection 9. all IN township 10
R West end Iaape 81 J no usi.' h sansp of : . .onth .st' Quarter at se Il
northeast quarter at said section 8, and for the
F recovery Of : Judgment , { sa,auo a. n nttornsy.s
The complaint ALLEGES among other. things that
on the 9TH day Of june, 1890, said Patton exc
one ta 70 s ths s Giam q ss' thfSs aa pf sna paysbl so ens
year after date and bearing interest at the rate OF
eight per cantum per nnnum,o one for the sum OF
with interest At tho rate 81 oight pei. centum per
annum. and = third FIR $1,000, due and payable
three Ta,s y ye a;rh after tor date and na nsa .nngm lnt snd A. e. the io
secure the payment. Of said notes eaid mortgage
was executed. And that each and every Of said
q s2a. iOo owing by said Patton to said dflmour.
That said mort .ags was recorded In inc office OF
s seth r ss7 ag III y .e ,sso. an. m b e,sEf : os msr 9n tss
on page Il. That on the 14th day OF January.
1872. said Gilmonr assigned sad notes and mort
for the sum q $500 ana interest is duo and
unpaid. except tho following snms. $6as paid
h Ans: : i. ls issi sa sS4g g 'Sf s ssRat, g. s 1S :. iis5 ~? sss a.ia
hat on 9TH DAY Of June. 1880, james II: Gil
said defendant Patton the shove described prem
ises for the co nsideration of S51.5u0. that at that
time there existed two mortgage liens thereon,
mour and vile to David III. .Gilmour, dated Nov.
50, 1883. and due and payable. five years after
Date, and hearing interest " he rate
said Giimoar and wife % The J~aryis-Conklih
dated Feb. i, 1891. nd due ma payable fys
years after date. with interest 1t the rate ct six
par. !centum per annnm payable seml-annually
t. assume and pay, - part q said sum q $5i,,
800, tho purchase price Of tAid premises. That
said Patton has failed and refused to pay the
interest dus and + srrear On said two morts age;
amounting to $40 on the first mentioned and
SLIT on this second, and that the holders of said
mortgages are about to f~orscloss the same.
That said property cannot be sold in portions
without injury to the parties. That this defend
ant Northwestern Land and Investment com.
pany and Il. W. 1. Griffith, trustee, hnvo or claim
to have some interest in the premises %accruins
since said mortgage, and thnt the sum Of 81, SOC
is a reasonable attorneys fee for the foreclosure
proceedings. The plaintiff demands judgment
for foreclosure. That the nlortgaged premise
be sold and the rfccasds applie ed to the payne n
of the costs and expenses Of this action, includ
ing 5 $500 for attorneys fee, and the amount
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 Do adjudget
to paw any deficiency.
And you are hereby notified that It you fail to
appear and answer the said complaint, as above
required, the said plaintiff will apply to tn
court for tire relief in said complaint demanded
Glven under my hand and the seal Of the dis
trict court of the First judicial district Of thu
state of Montana. in and for the county OF Levi,
and clarke, this 22d day OF January. in TIL
year OF our Lord. one Thousand eight hundred
and ninety-two.
[Seal] JOHN BEAN. Clerk.
By H. r. THOMPSON, Deputy Clerk.
CRUTCHER Il GARLAND,
ATTORNEYS for Plaintiff.