The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-23

ALIAS SUMMONS-IN THE DISTRICT
IA court OF the First judicial district OF the
state Of Montana in and for the county Of Lewis
j. E. s~alvail,, plaintiff, ys. Charles, B. New
bury. Flora Newbury, Alfred Bourke. T. g.
Clarke. b. Brown and Napoleon Salvail. defend
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
tiff in tho district court of the First judicial dis
triot of the state OF Montana. in and for the
eomnia, Sf ls s1ad and tbs Gsnshe' within a1a TO answer ten d .Ss
Exclusive of the day of ~seryice) after the
service on you Of this snmmons, il served within
within this dist let. within twenty days; other
wise within forty days, or judgment by default
Will be taken against you, according to the
prayer of said complaint.
The said action is brought to obtain: First
by defendants Chas. B. Newbury, Flora Newbury
of lot IA, in block Il of hlake's addition to Hell
ena, and in Lewis and Clarke county, Montana,
described BY beginning at corner, Of lots u and
Is in said block on north sids OF Fifth avenues:
thence north along the line between lots y and
Is, 100 feet to northeast corner of lot. IA; thence
west along north end of lot Il, 3 feet; thence
south 1OU feet to a point on north line OF nth
avenue; thence east along north line OF said
Fifth avenue So feet to the place of beginning. to
defendant Napoleon ealvai1 of that date for
$1,2O0, due six months thereafter, with one per
cent per month interest till paid. Second
Judgment against defendants Charles B.. New
bury, flora Newbury and alfred ourke for $SS
interest due Dec. 26. 1880, the payment thereof,
as is alleged. being withheld BY an unreasonable
and vexatious delay, also legal interest on said
S3S from said date; for 81, 200 with IL per cent
per annum interest from Lee. %, 1899, and for
costs OF suit. including q reasonable attorney
fee. Ihird-Ag ainst all of the defendants the
usual decree for he sale of said mortgagcd
premises applying the proceeds of such sale TO.
ward. payment of said sums and barring and
fcreclosing each of the defendants rights, claims
and equity, of REDEMPTION in the said premises:
execution against the defendants Charles Is.
Newbury, Flora Newbury and Alfred Bourke for
any deficiency which may remain after so apply
ing said proceeds. 1t is alleged that said note.
mortgage, and interest dpe thereon has bcen
transferred to plaintiff and that he is the owner
of the sams;. that said mortgage is of record on
page IA, in book 4 of mortgages, Of the records
Clarke. B. Brown and Napoleon Salyail have CT
claim to have some interest in or claim upon
said mortgsged premises.
You are hereby notified that if You fail to
appear and answer the said complaint. az above
required, the said plaintiff will apply to the
court for the relief demanded in said COM
plant
trict court Of the First Judicial dis district Of the
state of Montana. in and for the
c> county of Lewis and Clarke
Seal First J this LIST day OF eceTrber. in
Jud. Dist ) the year of our Lord one thou
Court. sand eight hundred and ninety
JOHN BEAN. Clerk
By C.. W. BURTON. Deputy Clerk.
j. A. Carter. Attorney for Plaintiff.