The Helena independent., 1894-12-12
SUMMONS


In the district court OF the First judi
clal district OF the state Of Montana, In
and for the county OF Lewis and Clarke.
Charles Il. Ranlett. plaintiff, VS.. Frank
lin r. Wallace. May l.. Wallace. Geo b.
Hopkins, attorney in fact, L. +. c. Lotz,
assignee, the Denver Investment and
Banking company. limited, u. w. Knight.
cashier, and the First National Bank of
Helena, Montana, Robert c. Billings, Min
nle A. Parish, American National Bank
OF Helena, Montana, J. c. Weeks, Prlcella
ID. Campbell the Mutual Benefit Life In
surance company OF New Jersey, w. Nc
MILAN. the Montana Savings Bank. and
G. III. w. Foster. 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 First judicial district of the state
OF Montana, In and for the county OF
Lewis and Clarke. and TO answer the
complaint filed therein within ten days
exclusive of the day of service) after the
service on you of this summons II 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 to the prayer
OF said complaint. The said action is
brought to obtain n judgment OF this
court against the defendants for the sum
of $3.50. with interest thereon at the rate
OF eight per cent per annum from May
90 1888; for interest at the rate of twelve
per cent per annum on $50 from November
90 1893: for interest at twelve per cent per
annum on 500 from May 20, 1894 as provided
in certain note and coupons attached,
made, executed and delivered by the de-
fendant +. n. Wallace, to this plaintiff
on the Goth day OF May, 1888, which note
and coupons are secured by "A mortgage
on lot No. IS. In block No, s. Of the Beattie
addition 10 the city OF Helena, county OF
Lewis and Clarke. Montana. also for ths
sum of $3.50 and interest thereon at ths
rate OF twelve per cent per aunum from
July %. 1891. being the amount OF money
expended for redeemlng said mortgaged
premises from tax sale; also for reason
able attorneys fee for forecloslng this
mortgage. and for plaintiffs costs In this
behalf expended also that decree OF fore
closure may be made for the sale OF said
premises 80 mortgaged ana that the de-
PENDANTS and all persons claiming under
them subsequent 10 the execution OF said
mortgage upon said premises, either AZ
llenors. purchasers, incumbrancers, Of
otherwise, may be barred and forever fore
closed of all right claim or equity OF re-
demption In the said premises and every
part thereof and that the said plaintiff
may have judgment and execution against
the said defendant, Franklin n. Wallace,
for any deficiency which may remain after
applying all the proceeds OF the sale OF the
said promises properly applicable TO thu
satisfaction OF said Judgment. and that
the plaintiff may have such other or fur'
ther relief In tho premises as 10 this court
may seem meet and equitable, reference
being had to the plnintin's complaint on
iile In the Office OF the clerk OF this court.
And you are hereby notified that II you
fail 10 appear and answer the said com.
plalnt, az 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 tho
district court OF the First Judicial district
of the state OF Montana. In and for tho
county OF Lewis and Clarke this FIRST day
Of August In tho year OF our Lord one
thousand. eight hundred and nlnety-four.
(SeaD JOHN BEAN. Clerk.
BY @. o, FREEMAN. Deputy Clerk.
J. W. Kinsley. attorney for plainuS
First publication Nov. q, 1885,