Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1893-01-19
Taken Up.
SUMMONS.

-
In the District Court of the Tenth Judicial
District OF the State of Montana, in and
for the County of Fergus.
Matthew Bodies, NJ. 5. Bodies
and r. +. Bodies. doing bust
ness under the firm name of
VI. Bodies q Co., Plaintiffs, Summons.
VS..
Eben S. Marshall and Charles
L. Sullenger, Defendants.
The State of Montana sends greeting to the
above named defendant:
You are hereby required to appear in an
action brought against you by the above
named plaintiff in the district court of the
Tenth Judicial District of the State of Mon
tana, in and for 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
if served within this county; or,
If served out of this county, but in this dis
Lrict, within twenty days; otherwise with
in forty days, or judgment by default will
be taken against you, according to the
prayer oil said complaint.
Tie said action is brought to obtain a
decree of this Cou for the toreclo sure of
those two mortgages described in said COM
plant, and executed by the defendant Eben
S. Marshall to the plaintiffs Oh the 10th
day of June, 1887; n of said mortgages
being to secure the payment of a promis-
ooil " vi SFSA batS NAth soie
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 payment of
interest coupon notes, with interest after
maturity at the rate of II per cent; also to
secure the paymen OF a pronissory inter
est oupon note OF even date with said
mortgages made, executed and delivered
by said Marshall to the plaintiffs, payable
ON the 10th day of September, 1885, for the
sum OF SIS, with interest after maturity at
the rate of IL per cent, and for other pur-
poses; the other OF said mortgages being to
secure the payment of nine promissory
notes of even date with said mortgages, for
the sum of S14 each, made, executed and
delivered by said Marshall to the plaintiffs,
payable respectively, OIL the 10th day of
september, 1855; March 10, 1889; Septem-
Der ~, 1889; March 10, 1880; September 10,
1890; March 10, 1891; September 10, 1891;
March 10, 1882, and September 10, 1882,
and for other purposes
Said mortgages conveyed the follo wing
described premises, to-wit: The nwA OF Sec.
33 in TIP. 10 n. of X. 10 f., Montana Meri-
dian, containing 160 acres, all in Fergus
County, Montana, with water rights and
appurtenances.
That the premises conveyed by said
mortgages may be sold and that the pro-
ceeds oil such sale may be applied to the
payment of the amount due on the note
for 500, with interest at IL per cent from
September 10, 1888, the note for S2S, with
interest at IL per cent from September 10,
1888, the note for S14, with interest at 10
per cent from September 10, 1888; the
note for S14, with interest at 10 per cent
from March 10, 1889; the note for S1I,
with interest at 10 per cent from Septem-
Der 10, 1889; the note for S14, with inter
est at 10 per cent from March 10, 1890;
the note for S14, with interest at 10 per
cent from September 10, 1890; the note
for S14, with interest at 10 per cent from
March 10, 1891, The note for S14, with in.
terest at 10 per cent from September 10,
S91 the note for S14, with interest at III
per cent from March 10, 1892; the note Tor
Sl4, with interest at 10 per cent from Sep
TENDER 10, 1892; the sum ofSl2S.23, paid
for taxes on said property with interest at
IL per cent from August 18th, 1892, (the
designation OF the rate per cent OF interest
above, being, in all cases, per %annuIn), the
sum of S125 attorneys fees; the sum ol
$50 attorneys fees and plaintiffs costs,
and in case such proceeds are not sufficient
to pay the same, then to obtain judgment
and execution against said Eben 5. Mar
shall, for the balance remaining due and
also that the defendants and all persons
claiming under him may be barred and
foreclosed of all right, title, claim, lien,
equity of redemption and interest in said
mortgaged premises, and for such other or
further relief as to this Court IT may seem
that the plaintiffs are entitled.
And you are hereby notified that il you
fail to appear and answer the said conf
plant, as above required, the said plaintiff
will apply to the court for the relief de-
manded in their said complaint.
Given under my 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 n~inety-two.
[SEAL.l ID. A. MEAGHER,
Clerk.
WADE & BARRows, Attorneys for Plaintiffs.