The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-05

ALIAS SLMMoNS-IN. THE. pISTRfcr
"a court of tho .firet judicial distriats Of he
state Of Montana In andsfcr the county Of L wis
J. u. s~slvail. plaintiff. vs.. Charles u. New.
bury, Flora Sewbury, Alfrod Hourke, I. &.
tIarke' 4. Brown and Napoleon Saivail, defend
The state, q Montana sonda g~rootins to tho
above named defcndants
ion are hereby required to appear la an action
Drought against YOU by the above named plain
nv IN tho district court OF tho tirst judicial dis
e %lSf % y a@9 1 sss,s .n Of M Hia1 : and II a and sn. sor t Tho
complaint hiled therein. within ten days
exclusive of tho day of seryice) after. tho
tins oonnty; or. II served out of this county, but
within tins district, within twenty days; .othor-
wiSs within forty days, or Judgment by default
prayer OF said complaint.
Tho said action is brought to obtain: First
BY defendants D,i.ntsa cSas. II Il. Sow %Sr.sI Flora S%@S Swabsuaryy
and Alfred Buurke, Get. 10, 1888, upon that part
Of lot Y, in bloos II Of ilake's addition to hei
ena, and N / evils and Clarke county, Montana.
described ny beginning at corner OF lots IL and
10 in said block on north side Of Fifth avenue:
thence north along the line between lots Il amt
10, luu feet TO nor beast corner of lot II; thence
west along north end of lot Il, 81 feet. thence
south 100 feet to a point on north line of fifth
avenue; thence east along north line OF said
fifth avenue 30 feet TO the place of beginning, to
secure payment of n promissory note by them to
defendant Napoleon salyail of that date for
S1,2on due six months thereafter, with one per
cent per month interest till paid. Second
Judgment against defendants Charles Il New
bury, Flora Newbury and Alfred / ourke fer SIS
interest due Dec. %, 1870. the payment thereof.
as Is alleged, being withheld by an unreasonable
and vexatious delay, also legal interest ON said
$Ss from said date; for . 1900 with y per cent
per annum interest from lee. 26, 1899. and for
costs OF suit. including q reasonable attorneys
fee. Third against all of tie defendants the
usual decree for The sale of said mortgagcd
premises. applying the proceeds of such sale to-
ward payment of said sums and barring and
foreclosing each of the defendants rights. claims
and equity of redemption in the said premises
Fourth-lhat the plaintiff have Judgment and
against the defendants Charles b.
Flora Newbury and Alfred Bourke for
any deficiency which may remain after so, apply
ing said proceeds. 1t is alleged that saii note,
and interest due thereon has been
transferrsdto plaintiff and that he is the owner
of the same,sthat said mortgage is of record onsi
poge pa, in book of mortgages. of the records
Of said county,; and that defendants b. c.
Clarke, Il. Brown and Napoleon Salyai! have or
claim to have some interest in or claim upon
said mortgaged premises.
You are hereby notified that If you fail to
appear and answer the said complaint, as above
the said plaintiff will apply to the
court for tho relief demanded in said COM
olaint
Given under my hand and the seal of the dis
riot court of the First Judicial district Of tho
state of Montana. in and for tho
- county of Lewis and Clarke.
j az, s biss &C. s5ss year e f f. sn = hsf sis sPs ct ths N
JOHN BEAN. Clerk.
By C.. w. BURTON, Deputy Clerk.
j. A. Carter. Attorney for Plaintiff.