Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1893-01-12
Taken Up.
SUMMONS,

In the District Court of the Tenth Judicial
District of the State of Montana, i'll and
Tor the County of Fergus.
Matthew Bodies, NJ. S. Bolles
and K. F. Bodies. doing bust
ness under the firm name OF
NJ. Bodies & Co., Plaintiffs, Summons.
VS..
Eben s. Marshall and Charles
T.. Sullen,er, 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 C .urt of the
Tenth Judicial District of the State of Mon
tana, in and tor the county OF Fergus, anG
10 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,
# served out of this county, but in this dis
Irict, within twenty days.; otherwise with
III 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 a
decree of this Court for the toreclo sure OF
those two mortgages described in said com
plant, and executed by the defendant Eben
). Marshall to the plaintiffs on he 10Th
day of June, 1857; one of said mortgages
being to secure the payment of a promis-
SOIN lOlcO 1 even ullt Will sdll mortgages
Tor the sum OF 500 made, executed and
delivered by said Marshall to the plaintiffs,
payable on the 10Th day of September,
1882, 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 pay ment OF ID pronlissory inter
est coupon note of even date with said
mortgages made, executed and delivered
by said Marshall 10 the plaintiffs, payable
on the 10th day of September, 1885, Tor the
sum OF SIS, with interest after maturity at
the rate OF II per cent, and for other pur-
poses; the other OF said mortgages being to
secure the paymen of nine promissory
notes OF even date with said mortgages. for
the sum OF Sl4 each. made, executed and
delivered by said Marshall to the plaintiffs,
payable respectively, on the 10th day of
September, 1855; March 10, 1889; Septem-
Der 40, 1SS9; March 10, 1890; September 10,
1890; March 10, 1891; September 10, 1891;
March 10, 1892, and September 10, 1892,
and for other purposes.
Said mortgages conveyed the following
described premises, to-wit: The nwA OF Sec.
80 in TIP. Is n. OF X. 10 E.. Montana Meri-
dian, containing 1G0 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 Of such sale may be applied to the
payment OF the due on the note
Tor 500, with interest at IL per cent from
September 10, 1888, the note for SIS, with
interest at II per cent from September 10,
1855, the note for S1i, with interest at 10
per cent from September 10, 1855; the
note for S14, with interest at 10 per cent
from March 10, 1889; the note for S14,
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 Tor S14, with interest at 10 per
cent from September 10, 1890; the note
Tor S14, with interest at 10 per cent from
March 10, 1891, the note for Sl4, with in
terest at 10 per cent from September 10,
1891; the note for S14, with interest at 10
per cent from March 10, 1892; the note for
S14, with interest at 10 per cent from Sep
10, 1892; the SUN ofS12S.29 paid
for taxes on said property with interest at
IL per cent from August 18th, 1892, 1.-THE
designation OF the rate per cent OF interest
above, being, III all cases, per a%nnut the
sum OF S125 attorneys fees; the sum OF
$50 attorneys fees and plaintiffs costs,
aud in case such proceeds are not sufficient
to pay the same, then to obtain judgment
and execution against said Eben S. Mar
shall, for the balance remaining due; and
also that the defendants and all persons
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 if you
fail to appear and answer the said COM
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 he 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
anu ninety-two.
[SEAL.l D.. A. MEAGHER,
Clerk.
WADE & BARRows, Attorneys for Plaintiffs.