The Helena independent., 1893-11-20

SUMMoNs-!N THE DISTRICT COURT OF
- ths First judicial district Of tho state Of
Montana in and for the county OF Lewis and
CLARKE. :,
Wsllace. May l.. " allaoe. his wife. Louis c. l..
Lotz. assignee. and The l)epver Investment and
Eanking company Limited, corporation. DE-
fs~ dants.
The stata of Montana sends aresting to the
sbovs named defendants:
You are hereby required to appear in an action
in the district court of the First Judicial district
OF the state OF Montana, in and for the county OF
Lewis and Clarke and to answer tho comp plant
day Of servios) after the service on you of this
summons. it served within this county: or II
served out Of this county bpt within tals district
or Judgment by default will be taken againstyoa
according to the prayer of said complaint.
of ahis CT court for the M tcrsclosure Of certsil,
mortgage described in tho said complaint and
executed by the said usf' ndants. trankhn
November, a. u. 1882, to secure the payment OF
eleven certain promissory notss dated On tho
first day Of i.ovsmber A. u. 1872. each Of SAT-.
franklin K. y alisce t, this plaintiff. and sal,
ef i've hunared dollars. and ayable re spsctiy )
DAY of tsbrsary A. :. 1893, ths tirst dsy ol
Maroh. A. u. 1888, the trs5 day of Ma, A: l..
1888 tho fret day of OF June 4. u; 1883 the trs1
-
bsr, A. 1888. the FIRST day of October, A. D
1873. tho first day of November, A. y. lskt the
first day Of January. A !: 1884, and the frs!
said promissory notes bearing interest At the
rate of ten per cent per annum from the dates
thsreof unIil pxld and said mortgage providing
that IN case OF default i'll the payment or tie
principal and interest ot the said promissors
A.otes or any thereof. the plalntit may sell and
dispose OF The property described in said mort
gage, and all bsneht and equity Of redemption
Ut his said defendants, FRANKLIN N, Wallace
and luay l.. Wallace according to law, and ONT
Oh the proceeds aris ing from said sale may rs-
tain principal and inte! est which may be due on
the said pronlIsto:y notes. together with the
costs and charges Ut foreclosure suit Cinc udtng
counsel fees); NE amount dos upon sald nots,
ef this action being tha sum OF four Thousand
dollars aggregate principal OF eight OF saio
promlssory noles uupaid set, out Ia SAID com.
plant, together with Interest Oh sald sum Ot
, four thousand dollars from the irst day OF 0
bomter. A. y. l8e3 at the rate of ten per cent
Yer annum ,nd ps,n pr.ys y Tor aaaxmsr.
fees, and for costs OF suit. The property EN-
braosu in and affect by said mortgage Eeing 81
those certain lots, pieces or parcels Of land sit
ate. lying and being Ia the city of heens. IL
= the county of ke"is anu Clarke. state Ut Mon
tana, particularly described IS follows to-Wll
| For . first parcel, u ginning at point IN tht
cast side of Chaucer street. distant Line thre.
.J3) feet south OF tho northwest corner OF bl0cl
number hye hundred and thirty-nine $3.50 in thu
orig inal to Wasts OF said clty OK Helena, running
thence east ssvsnty-nve (ia feet to point
tnsuce south twr MY seven (27) feet TO a point
tnsncs west seventy five Us, feet to point !,
along tho east side II Chaucer street tv
,.7) iest to ths place OF beginning. said parce
of land Consisting Of portions Of lots mum beret
one (l) AMI two q. i've Is and six 10 in sal
block number fve hunured and ,hirtJ-Rlne (5s0)
NJ said lots ANA block are numbered designated
and described on the plat = said tovnslte q
hle in the ofiioe OF the county recorder OF salt
county Of evils anu Clarke.
| For second parcel, bsEinnny at . point II
tho cas-, side of esttie street distant hfty-si!
(5e) fost north Of the soath west corner Of bloc!
mum ber Ave hundred aud forty nine l549) Of IN
i asterly addition to the said city of Helena. run
| ming thence nOrtA along the east side OF EeAlti
tive l7b) feet; thence south twenty six t2S) feet
and thence west seventy-hvs (i5) feet t. h
place OF beginning: being . portion OF lots num
number five hunaret anil forty nine y(a4s); a
! said lots and block are NUN berea. dssignate;
anu described en the plat Of said hnstelly addi
+5' y hird parcel, beginning al pstnt IN tn
east sido of LsAttis strOot at tue northwest COZ
ner Of the trao: herein last dc crited, runnin
thence north along the east side OF eattie stree
twenty-eignt Cae) tsst. tholce east seventy .tiv
(ib) feet. thence south twenty eight lzSl fe.s
and thence west seventy i've (7s) feet to tn
Dsrod nine (9), ton uu). eleven llD and twelv
az. in said block numker nse hundred An
forty-nips 1hto. OF said ssterlt audition a
did lots and block numbered. dsSiSnste
and described on the plat Of said EAsterly addi
ton on kle in the othce Of said county ressruer
= FOR a fourth parcel beginning ~ point il
tho southwe est corner of beck runber five hun
dred and forty-nlns (ba9l in said tastsrly addi
tion running thence north hfty-six lb0, ies, Alon
the east side of seattis street to the southwe:
corner Of the second paicol heron before dc
scribsd: thence east seventy five G5l feet 10 tn
southeast corner Of said second parcel; theme
suuth hftysx feet (.sl 10 point in the north sid
of eeoUnu street; thence west along the mort
siae Of reoond street seyenty-fve (7.l feet 10 til
place OF beginning; being porti, II OF lot
Aunbered eleven U) and twelve u2l in sal
Of said Enstor,y addition; As said lots and bloc
are mum bersd, designated and deeorlb on Il,
plat Of said Astsriy addition On Tile in the ottc
Ut said county recorder.
may bs sold anh tha procssds OK the sale thotso
applied % tho payment of said IN ortgAge an
promisiory notes and interest thereon At tn
ralO aforesaid. and of said sum Of three hundre
dsllars counsel lee, and coats OF suit; AID !
cxss said proc eds are not sufficient to pay tn
same to obtain an execution against said a.
PENDANTS. frknElin r. AllRcc. for the balxnc
remaining duo; and nlso that the said defend
snts and all persons claiming ~ through or ur
der them nny be Jared anu forsclosSd OK n
right, claim. iion, equity OF redemption aud IN
ter eat in and to said Rortgassd HreMi,es, an
Tor other and fnrth h'r reiies.
And you aro hereby notified that II you fail t
ssaruirsd. r tho 10 s.d piaintift viii apply to III
court tor tho fOiiOf demanded IN the said oon
[plnint. sal IA
trict court Of tho First judicial district ot p
| c) county OF Lewis and Clarke
Seal First this lat day et september. in th
| Jud Dsst. year of our Lord one thousan
| court. eishthunSr:s sna a. nisa,y.t l,H
by II, j. CASSIDY. Deputy Clerk.
! AAaaanA nnlArd. aN.1rney for nlAintiHs