The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-01-23
Copyright

ALIAS sUMMoNs-lN.. THE DISTRICT
a court Of tho First judicial district d the
state Of Montana. in snd for the county OF
Abnsr B. Clements. plaintiff. vs.. Andrew NJ. Pat
ton and The Northwestern Land and Investment
trustee. defendants.
The state OF Montana sends greeting to the
above named defendant
brought against you by the above nsmed pilainiln
IL the district court Of the Llrst ~ nd 1Sa ao dassrl q
& IeW ~ s slais C Il Mon ia u Il sn ana II sh sps Complaint coanss
filed therein, within ten days. Exclusive OF the
day OF s~eryica) after the service on you OF this
served out Of this county, but in this district,
within twenty days; otherwise within forty Gays.
or Judgment BY default will be taken, against you
according to the prayer OF said complaint.
The said action is brought to foreclose = mort
sage execnted by defend ~ AnaraW ~ ", IL, ~ y
toy 70 ,s James y, ailm9ur 9a IN i. IN al az az o.
tate situate in the county OF Lewis and Itarke
and state Of Montana, to wit; The northeast
quarter Vt northeast Quarter, w. nort1 ha ~. q
half OF northeast quarter and sonth Dali *
northwest quarter of section =. and north halt
of nOrthWest quarter and northwest quarter OF
northeast quarter Or section 8, al in town ship ~
north range west, except y acrss taken oil the
west end or north half OF southeast quarter OF
northeast quarter Of said section 8, and Tor me
recovery Of Il Judgment If $3.50 as an attorneys
fee for foreclosure proceedings and for costs.
The complaint alleges among other thlngs thAt
OA Gll0 OH suAy Ol uAO. cow nSASt 49, ~-'
cutel to said Gilmour three, promissors, notes.
one for the sum Of S9.1t0, due and payable one
year after date and bearing interest,". vt the rate q
eight per centum per annum, one ior me sam O.
$4,000, due and paYabe two years after late.
with interest 1T the rate of eight per centun per
s1nnum. and = third fer S1e,ooo: due and psy y the
rate Of eight per centum per annnnl, ana thal 10
secure tins payment of said notes SAID mortgage
notes was an ms allment Of the principsl sum
of 500, 100 owing by said Patton to said Gilmour;.
That said mortIsge was recorded in tie ONCE 81
the recorder OF Lewis and Clarke county on ths
3Oth day Of July, 1880, in book 9 of mortgnges
on page II. That OH the 18th day of January
1882. said ,Gilmour assigned sad notes and mort.
for the sum OF $500 and interest IS cue aHd
unpaid, except the following sums, s6;5 pald
Aug. y !, 1s Va. so ss.s pa Is s sspat' a. ), ls 8 isG re- ss5 Ssta
paid ct Ii, 1871, snd $40 paid NOV; j. 1891, 1921
i hat on 9th day Of June. 1880, James n. Gil.
ms9r and wife exsent .sd 2 ! d De ~ convey conye3'n ngam ~
ises for the co nsideration Of S5l.ou0. that a. 1ha'
time there existed t@o mortgage liens thercnn
m Il re- and d. vie to David II. Gilmour, dated New
date, and bearing interest at the rat
I'll. f's .nnp pafF '' and o nss saeem * :,
said Giimour and wife 10 the Jarvis-Conhlil
Mortgage Trust company for the sum OF so'soo
years after date. with interest at the rate OF 81
par centum per annrm payable seml-annually
which two sad mortgages sa1d l attcn aSreee
to assume and pay. as part of said sim OF S3i'
300. the purchase price Of faiu promises. INA
said ratton has failed and refused to pay tn
inte1e4t due and in arrear ON said two MORTGAGES
amounting to $2l0 on the first mentioned AM
S17, on the second. and that the holders OF Sale
mortgages are abont to foroclose the came
That sail property cannot be sod in portions
without injury to the parties. That the defend
ant northwestern Land and Investment com
pany and q. W. Il. Griffith, trustee, have or CLAIM
TO lavs. some interest in the premises ]asccIuiu,
since said mortgage, and that the sum OF SOU
is a reasonable attorneys fec fer the foreclosl
proceedings. 1lo plaintiff demands judemen
for foreclosure. Tint thu mortgased premise
be sod and the proceeds applied to the paymen
of the costs and expenses Of this action, inclnd
ifg s., 500 for attorneys fee, and the amour
owing on the three notes and mortgages, with in
tarest i, II said notes up 10 the time of payment
and that tho defendant Patton MAY BE- adjudge'
to paw any deficiency. -
And You are hereby notified that il you fail t.
appear and answer the said complaint, as abov
required. the said plaintiff will apply to tn
court for tia re .ief in said complaint demanded
Given under my hand and the seal OF the. dis
trict court of the First Judicial district Of tn
s ate 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.
lSeal] JOHN BEAN, Clerk.
BY III. r. THOMPSON, Deputy Clerk.
CRUTCHER &
Attorneys for Plaintiff.