The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1894-04-13
IN, THE DISTRICT COURT OF THE

SOOh1 w IHE
l Eighth Judicial District Of the State Of
Montana, in and for the County of Cascade.
!. A. MARROW, Trustee. plaintiff, versus John
defendants. Summons.
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 plain
tiff, in the district court of the Eighth
juaieial district of the State Of Montana. in
and for the county OF Cascade, and to answer the
complaint tle1 therein, within ten days (ex-
elusive Of the day of service), after the service
county on sag % or ' Il se su%inS ons Of i i ssTved iov within mt this 1.
this district, within twenty days; otherwise with
m forty days. or Judgment by default will be
complaint. The said action is brouHht to
obtain a decree OF this court for the foreclosures
OK 2 certain mortgage describ,d In said com
plant and executed by the defendants John Jes-
sop and , atharina Jessop, on the 10th dsy of
December 1872. to secure the payment of a GER
tam Ps9m,ssoEy NOT, for the sum Of Five 1hous-
November l. 1892, and being due and payable on
the LIST day OF November. 1885, with Interest at
the rate OF ten per rent per annum; such interest
days of May and November of each
being payable at The Aontans National
current rate Of exchange on a. g"rH Ci.v in
gold or it's equivalent, And il is furtke- siiessI
not paid when due on said note, the principal
sum should at once become due ana payable
without further notice, at the option OF the legal
holder, and should bear interest at the rate of
twelve per cent per annum after maturity. That
there were attached to said note and a part Of IL
and executed simult ,neously with said note six
coupon notes bearing even date with said prin-
cipal note, and each OF the said coupon notes
for the sum Of two hundred md fifty (3a5O) dol
lars payable to the plaintiff and bearing interest
at the rate OF twelve per cent per annnm after
maturity each, and due respectively; the first
~ne on the LIST day of May, 1893, and thereafter
successfully one of them nisturen every six
months succeeding the last date. and ali alleged
to have been signed by the said John yessop and
tatharina JessOp. IL is also alleged that said
principal note has never be IN paid or any part
OF it; and that none Of the said coupon notes
have ever been paid or any part of them, except
tho one hrst mstured, due and payable on the lst
day OF May, 1893, which has been paid and moth
ing more; that the coupon note next following
the one paid, which matured and became due on
the LIST day of November, 1898. and which was for
the se~mi.annu8l interest on said principal note
for the six months next preceding it's said ma
turity, has long since been due and payable &C.
cording TO its terms and the provisions of the
said principal note; that he elects to have said
principal note aad SAID coupon notes become
due and payable in accordance with the terms
ana Provisions OF the said principal note; and
be- due and payable, and alle9ad the same to he
due and payable, tosethez with the ssid interest
coupon notes. tits further alleged that stimuli
taneously with the eye cution Of said notes, the
defendants, John yessop and Catharina Jessop,
in order to securejths payment of the said prin
eouted and delivered to the plaintiff Q real estate
mortgage on tl, following described real estate
situated In tie county Of Cascade, state of Mon
and lots, Numbers o, 7, S. and .. in section II,
and lots numbered 1, 4, and 8, in section 20, all
IN township II north of range 1 west, contain
ing according TO the government survey three
hundred and twenty-five and 29-IOO acres. 1t 10
alleged that by the terms of said mortgage that
Upon the happening Of said default this plant,
III shall have the right to enforce said mortgage
and ont vi the proceeds arising from said prop
erty, to retain the principal and interest due
notes, together with the costs and charges Of
foreclosure suit, including ten per cent OF the
entire amount as counsel fees; that the defend
ant /. u. Skier d Go, have a judgement against
defendant John Jessop, obtaiued in the district
court OF the eighth judicial district of the state
OF Montana, in and for Cascade county. judy
mortgage for the satisfaction of the said princi.
pal note OF five thousand dollars with interest
st the rate Of ten per cent per annum from the
fret dayO November. 1892, until paid and for
the further and additional sum of one thousand
dollars with interest at the rate of twelve Der
cent per Annum from this date until paid, and
for the further and additional sum of two han
dred and nifty dollars, with interest ut the rate of
we've per cent per snnum from the first day OF
November. 1873 until paid; said one thousand
coupon notes last to msJure; and the last named
sum OF two hundred and fifty dollars being the
coupon note past mstnred and unpaid. And
Judgment is also asked for the further sum of
tan per cent OF the total amount of the foregO-
ing sums named being attorneys fees provided
AZ ehiu IhOi IShBo, II LOT III COBU9 OF Lnl9
action, and that the said property herein de-
scribed be sold BY the sheriff of Cascade
county, for the satisfaction of the said various
sum and acoruing interest and the costs Of
this action, and the defendants herein be ferevor
foreclosed and barred of all claims and de.
mands against said property; and in the event
that there shall be a deficiency after a sale of
the said property on the total amount Of the
various sums hereinbefOre stated, that the
plaintiff have a deficiency judgment docketed
against defendants John Jessop and Catharina
Jessop ss provided by law. And plaintiff prays
Tor sli other just, equitable and proper relief.
For further particulars reference is made to the
complaint on file in this cause.
And You are hereby notified that II You fail to
appear and answer the said complaint, as above
required. the said plaintiff will apply to the
plant.
Given under my hand and the seal Of the Dis
trict COurt of the Eighth Judicial District Of
the State of Montana, In and for the Coun.
ty Of Cascade, this I'd day Of April. in the
year. Of our Lord one thousand eight hun
dred and ninety.four.
Leslie & Downing. Attorneys for Plaintiff.
fFirat publication April Is 1904