Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1893-01-26

In the District Court of the Tenth Judicia
District of the State of Montana, in an,
tor the County of Fergus.
Matthew Bodies, NJ. S. Bodies
and K. F. Bodies. doing bust
ness under the firm name of
VI. Bolles IL Co, Plaintiffs, }Summons
VS..
Eben 5. Marshall and Charles
T. Sullenger Defendants.
The State of Montana sends greeting to tn,
above named defendant:
You are hereby required to appear in an
action brought against you by the above
named plaintiff in the district C iurt of the
Tenth Judicial District of the State of Mon
tana, in and tor the county OF Fergus, and
to answer the complaint filed therein,
within ten days Exclusive of the day OF
~service) after the service on you of this
SUMMONS, if served within this county; or,
II served out of this county, but i'll this dis
trict, within twenty days; otherwise with
IN forty days, or judgment by default will
be aiken against you, according to the
prayer OF said complaint.
The said action is brought to obtain a
decree of this Court for the Ioreclo sure of
those two mortgages described in said COM
plant, and executed by the defendant Eben
>. Marshall to the plaintiffs on the 10Th
day OF June, 1885, one of said mortgages
being To secure the payment of a promIs-
sorry note OF even date with said mortgages
Tor the sum OF 500, made, executed and
delivered by said Marshall to the plaintiffs,
payable on the 10th day of September.
1892. or upon default in the pay menL of
interest coupon notes, with interest after
maturity at the rate OF II per cent; also to
secure the IA oil a ~promissory inter
est coupo note Ut even date with said
mortgages made, executed and delivered
by ssId Marshall TO the plaintiffs, payable
On the 10Th day of September, 1888, ior the
sum o! S2s, with interest alter maturity at
the rate oil IL per cent, aud Tor other pur-
poses; the other oi SAID mortgages being to
secure the payInen OF hin promissory
uoies OF even date with said mortgages, for
the sum oil Sl4 each. made, Executed and
delivered by said Marshall 10 the Plaintiffs,
Isayabte respectively, Oh the 10th day of
September, 1855; March 10, 1889; SepIem-
1890; March 10, 1891; September 10, 1881;
March 10, 1882, and September 1O, 1872,
anu Tor other purposes.
said mortgages conveyed the following
described premises, to-wlt: The nw4 of Sec.
33 in TIP. 10 n. OF Il. 10 E., Montana Meri.
dian, containing 100 acres, all in Fergus
County, Montana, with water rights and
appurIenances.
That the premises conveyed by said
mortgages may be sold and that the pro-
ceeds vi such sale may be applied to the
pa me OF the amount due on the note
Tor 500, with interest at II per cent from
September 10, 1858, the note for S2S, with
interest at II per cent from September 10,
1888, the note for Sl4, with interest at 10
per cent from September 10, 1888; the
note for S14, with interest at 10 per cent
from March 10, 1883; the note Tor Sl4,
with Interest at 10 per cent from Septem-
Der 10, 1889; the note for S14, with inter
at 10 per cent from March 10, 1890;
the note Tor Sl4, with interest at 10 per
cont from SpntlmhHr III ISttD- the nnTR
Sl4. with interest at 10 per cent from
March 10, 1891, the note Tor S1i, with in
terest at 10 per cent from September 10,
1891; the note for Sl4, with interest at 10
per cent from March 10, 1892; the note for
S1I, with interest at 10 per cent from Sep
10, . the SUN ofSl2S.2y, paid
for taxes ON said property with interest at
II per cent from August 18th, 1892, 1.-THE
designation OF the rate per cent oil interest
being, in all cases, per annuTI), the
sum of S125 attorneys fees; the sum OF
500 attorneys fees and plaintlff : costs,
and in case such proceeds are not sufficient
pay the same, then to obtain judgment
and execution against said Eben :. Mar
shall, for the balance remaining due; and
also that the defendants and all prisons
under him may be barred and
.oreelosed of all right, title, claim, lien,
equity Of redemption aud interest in said
premises, and for such other or
iurther relief as to this Court it may seem
the plaintiffs are entitled.
And you are hereby notified that il you
to appear and answer the said com
rlaint, as above required, the said plaintiff
will apply % the court for the relief de-
handed in their said complaint.
Given under nv hand and the seal of the
District Court of the Tenth judicial
District of the State of Montana, in
and for the County OF Fergus. this
29th day Of October, in the year OF
our Lord one thousand eight hundred
and ninety-two.
ISEAL.l ID. A. MEAGHER,
CLERK.
WADE s. BARRows, Attorneys for Plaintiffs.