Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1893-01-05

In the District Court of the Tenth Judicial
District of the State of Montana, in and
for the County of Fergus.
Matthew Bodies, NJ. s. Bolles
and K. F. Bodies. doing bust
ness under the firm name OF
VI. Bodies ~ Co., Plaintiffs, Summons.
VS..
Eben S. Marshall and Charles
T. SulIenger, Defendants.
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 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 oil
~service) after the service on you of this
IN if served within this county; or,
If served out of this county, but in this dis
trict, within twenty days; otherwise with
IN forty days, or judgment by default will
De taken against you, according to the
prayer OF said complaint.
The said action is brought to obtain a
decree of this Court for the foreclo sure of
those two mortgages described in said COM
plant, and executed by the defendant Eben
5. Marshall to the plaintiffs on the 10Th
day OF June, 1887; one of said mortgages
being to secure the paymen of a promls-
sorry note of even date with said mortgages
Tor the sum OF 500, made, executed aud
delivered by said Marshall to the plaintiffs,
payable Oh 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 pay ment OF a promissory inter-
est coupon note of even date with said
mortgages made, executed and delivered
by seIu Marshall TO the plaintiffs, payable
ON the 1ULh day of September, 1888, TOR the
sum nj SDS with interest after nIaIurltN at
the rate OF II per cent, and Tor other pur-
poses; the other oi said mortgages being to
secure the yme of min 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, lssS; March 10, 1889; Septem-
Der 10, 1859; March 10, 1880; September III,
1890; March 10, 1891; September 10, 1881;
March 10, 1892, and September 10, 1892,
ana for other purposes.
Said mortgages conveyed the following
described premises, to-wit: The nw4 of Sec.
33 in TIP. 10 n. Of X. 10 E., Montana Meri-
dian, containing $50 acres, all in Fergus
County, Montana, with water rights and
ap-purtenances.
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 amount due on the note
Tor 500, with interest at II per cent from
September 10, 1883, the note Tor S2S, with
interest at II per cent from September 10,
1888, the note ior Sl4, with interest at 10
per cent from September 10, 1888; the
note Tor Sl4, with interest at 10 per cent
from March 10, 1889; the note ior Sl4,
with interest at 10 per cent from Septem-
Der 10, 1883; 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
Tor Sl4. with interest at 10 per cent from
March 10, 1891, the note for S14, with in
terest at 10 per cent from September 10,
1891; the note for S14. with interest at IL
per cent from March 10, 1892; the note for
S14, with interest at 10 per cent from Sep.
TENDER 10, 1892; the sum ofSl2S.29, paid
for taxes on aid property with interest at
IL per cent ron August 18th, 1892, 1.-THE
designation OF the rate per cent oil Interest
above, being, in all cases, per annura), tbs
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 3. Mar
shall, for the balance remaining due; and
also that the defendants and all persons
claiming under him may be barred and
ioreclosed 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 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 the seal of the
District Court of the Tenth Judicial
District of the State of Montana, in
and for the County of Fergus, this
18th day of October, in the year OF
our Lord one thousand eight hundred
and ninety-two.
(SEAL.1 ID. A. MEAGHER,
Clerk.
WADE & BARRows, Attorneys for Plaintiffs.