The Helena independent., 1894-12-14

In the diatriet court OF the First judi
sll sintrlct In and for the county OF
LOWS and Clarke. state OF Montana.
Charles 49, Rnnlctt, plaintiff va Frank
lin Il. Wallace, May L. Wallace, Geo b,
Hopkins attorney In fact, l.. n. g, Lolz,
assignee the Denver Investment aud
Banking company, limited, Robert O. bil-
lingB, Minnie A. Parish, American Ma
tiOnRl Hank OF Helena, Montana, j, &,
Weeks. Pricella ID. Campbell. the Mutual
Benefit Life Insurance company OF New
Jersey, w. Mcmillan, the Montana Saw
lnga bank, G. IA. W, Foster, and Geo II.
H0pkins attorney In fact, defendants.
The state OF Montana sends greeting TO
the above named defendants,
You are hereby required 20 appear In an
action brought against you by the above
named plainun Ia 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 the complaint
flled therein, within ten days exclusive
OF the day OF serwee) after the service on
you OF this summons n served within
this county; or II served out OF this county,
but within this district within twenty
days; otherwise within forty days, or
Judgment by default will be taken against
you, according 10 the prayer OF said COM
plant. The said action III brought TO OBJ
tain Judgment OF this court against the
defendants for the sum OF $1,000 with M
tereat thereon at the rate OF eight per
cent per annum from February 20 1898;
for interest at the rate OF ten per cent
per annum on 500 from August ~, lSdi
for interest at the rate OF ten per cent per
annum on 800 from February 2O 1884, as
provided In a certain note and coupons at
tached made, executed and delivered by
the defendant, P II. Wallace, TO this
plalntiff on the Ath day OF February, 1898.
which note and coupons are secured by a
mortgage on lot No. L. In block No. az, OF
the original townate Of the city OF Hell
ena, county OF Lewis and Clarke, Mon
tana: for the sum OF sSG3i, being the
amount expended for redeeming said
premises for taxes aud interest thereon at
the rate OF ten per cent per annum from
July 80, 1894 Also for reasonable attor-
ney's fee for foreoloslng this mortgage.
and for pluintiff's cost In this behalf ex-
pended; also that n decree of foreclosure
may be made for the sale of said premises
so mortguged. and that the defendants and
all persons claiming under them subse-
quent To the execution OF said mortgage
upon said premises, either as llenors, pur-
chasers, incumbrancers, or otherwise,
may be barred and forever foreclosed of
all right claim or equity OF redemption In
the said premises and every part thereof,
and that the said plaintiff may have judy
ment and execution against the Shlu de-
fendant Franklin II. Wallace, for any de-
ficlency which may remain after applying
all the proceeds of the sale OF the said
premises properly applicable to the salts
faction of said judgment. and that the
plaintiff may have such other or further
relief In the premises as to this court may
seem meet and equitable, reference being
had to the plaintiffs complaint on file In
the office of the clerk of this court.
And you are hereby notified that IL you
fail to appear and answer the said COM
plant. as above required, the said plain
tin win apply TO the court for the relief
demanded In said complaint.
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 first
day of August. In the year of our. Lord
one thousand. eight hundred and ninety
four,
(SeaD JOHN BEAN, Clerk.
BY g. O. FREEMAN, Deputy Clerk.
j. W. kinsley. attorney for plaintiff.
First publication Nov. q. 1894