The Helena independent., 1894-12-14


In the district court OF tho Firat judi
eial district OF the state of Montana, IN
hnd Tor the county OF Lewis ana Clarke,
CLAUDIA G., Kennett plaintiff, W. w. H.
Wallace, trustee, n. II, Wallace, Mary H.
Wallace, his wife. Louis n. totx, assignee
OF II, II, Wallace nnd A. NJ, Thornhurg
Ole Nelson, william Mclllroy, Alexander
MeElroy Anna NJ. shannon, Simon T.
shannon, Moses Morris, NelH Anderson
- &. Hudson, c. H. stephens. Abraham
=. French, Anton De Futus Hacarins O.
w WtlllamH, Chas. 4, Smith, Herbert :,
Foster Horny Sutton, George n. stowell,
trustee, u. II, Dabney ]. l.. Jordan and
A. NJ Thoruburg, defendants,
The state OF Montana sends greeting TO
the above named defendants
you are hereby required to appear IN an
aollon brought against you by the above
named plaintin IN the district court of the
FliHt judicial district of the state OF Mon
tana In ana for the county OF Lewis hnd
clarke. and 10 answer the complaint nled
therein, within ten days exclusive Of the
day OF eervicel after the service on you
OF THIS summons, N served within this
county, or VI served OUT OF this county but
within this district. within twenty days,
otherwise within forty days, or judgment
by default VIII be taken against you ac-
oording TO the prayer OF said complaint.
This action is brought to obtain de-
cree OF this court for the foreclosure OF
certain mortgage described In the COM
plaint and executed by the said r. II. Wal
lace, trustee, and Mary L. Wallace. on or
about the 18th day OF February, lsSS, to
secure the payment oil u certain promls-
sorry note made by the said y. II. Wallace
ns Franklin r. Wallace and the defendant
A. NJ Thornburg as Albert NJ. Thorn
burg, 10 the plalntltl on the same day for
the sum OF $500 lawful money OF the
United States, described In the complaint
herein, which has become due, and alleg-
Ing that all OF said note has been paid eX-
cept the sum OF $3.50, and which II due.
together with interest thereon from the
2lst day OF August. 1898, at the rate OF "
per cent per annum. Also the sum OF
eighty-four cents WsD paid for taxes, with
Interest thereon from February 18th. 1894.
Also A,I6 paid for taxes, with interest
from the 18th day OF January. 1894. Also
S292 paid for taxes, with interest from the
iith day of February, 1884, Also k5.6l paid
by plaintlt to redeem IA portion OF said
property from tax sale thereof, together
with Interest thereon from February lith.
1894 At the rate OF two per cent per month.
Also for judgment for the sum OF three
hundred dollars as attorneys fees, TO be
fixed and allowed by the court. That lots
numbered >, 3. 4. and 10, In block nunl-
bered ~, and lots 4, .. TO- II and ", in block
No. a. and lots l, 2, 3, 4. 8. 6. 7.
$, 10, II, and II, In block No. 81,
In Grand Avenue addition 10 the
city Of Helena, In the county OF Lewis and
Clarke, and state OF Montana. being a
portion OF the property conveyed by said
described mortgage. be sold. and the pro-
ceeds thereof be applied to the payment OF
said note. moneys expended by plaintiff
hs aforesaid, attorneys fees. and costs OF
suit For further particulars, reference
TO the complaint on file Is hereby made,
and In case such proceeds are not suffl-
cient to pay the same. then to obtain AN
execution against said Il. II. Wallace and
A. NJ. Thornburg for the balance remain
ing due. and also that all OF the above
named defendants, and all persons claim
barred and foreclosed OF all right. title
claim. lien. equity OF redemption and In
terest In and TO said mortgaged premises
and for other and further relief. And IL
YOU fail TO appear and answer said COM
plant as above required. the plaintiff will
take default against you and apply TO the
court for the relief demanded In the COM
plant
Given under my hand and the seal OF
the district court of the First judicial dis
trict OF the state OF Montana In and for
the county of Lewis and Clarke, this 18th
day OF June. In the year of our Lord one
thousand, eight hundred and ninety-four.
(SeaD JOHN BEAN, Clerk.
BY II. J. CASSIDY, Deputy Clerk,
Ashburn X. Barbour. attorney for plain
tiff
First publication Dec. 8. 1894.