The Helena independent., 1894-12-01

In tho district court OK tho Firut iudi'
| cial district, Va ana for the county OF
Lewis ana Clarke state OF Montana.
/ Charles 10. RRnlctt, plnintiff, w, Frank
l lin X. Wallace, May 4. Wallace, Geo, H.
/ Hopkins, attorney In fact, l.. n, G. Lots.
assignee, the Denver lnvoatment aud
/ banking company, limited, Robert G. lil'
lings, Minnie A. Parish, American Ma
tionAl Bank OF Helena, Montana, J, =,
Weeks Prlcclla u. Campbell tho MUTUAL
Benent Life Insurance COMPANY OF N'W
Jersey, W. Mcmillan. the Montana say
ings bank. G.. n. W. Foster, ana Geo H.
Hopkins, attorney In fact, defendants
The state of Montana sends greeting TO
the above named defendants
You are hereby required 10 RppvAr w hh
action brought against you by the above
nnmod plaintiff In the district court OF
tho p'lrnt judicial district of tho state OF
Montana, Ia and Tor the county or Lewis
ana Clarke and 90 answer the complaint
filed therein. within ton days exclusive
OF the dny OF servlcel after the service ON
YOU OF this summons, " served within
this county; or N 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 COM
plant The said action Is brought 20 OBJ
tain Judgment OF this court aRainst the
defendants Tor the sum Of 5000, with IN
tcreHt thereon al the rate OF eight per
cent per annum from February -, 1893,
for interest az the rate OF ten per cent
per aunum on 500 from August ~. 1885
for interest at the rate of ten per cent per
annum on Sl0 from February 20, 1894, as
provided In a certain note and coupons at
tached. made, executed and delivered by
the defendant, II, r.. Wallace, 10 THIS
plaintiff ON the 2lth day OF February, 1898
which note aud coupons are secured by n
mortgage on lot No, 4, In block No O2. OF
the original towusite OF the city OF Hell
ena. county of Lewis and Clarke, Mon
tana. for the sum Of S3i,yi, being the
amount expended for rcdeeming said
premises Tor taxes ana interest thereon at
the rate OF ten per cent per annum from
July 30. 1894. Also for reasonable attor-
ney's Zee for forceloslng this mortgage
and for plaintiffs cost In this behalf eN-
pended; also that decree OF foreclosure
may be made for the sale OF said premises
so mortgaged. and that the defendants and
all persons claiming under them subse-
duent 10 the execution of said mortgage
upon said promises, either as lienors, pur-
chasers. incumbrancers, or otherwise,
may be barred and forever foreclosed OF
all right, claim or equity of redemption in
the said promises and every part thereof,
ana that the SAID plalntu may nave 1uuB-
ment and execution against the said de-
fendant. Franklin X. Wallace, for any de-
ficiency which may remain after applying
all the proceeds OF the sale OF the said
premises properly applicable 10 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 II you
fail 10 appear and answer the said COM
plant. as above required the said plnin-
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. Klnsley. attorney for plaintiff.
First publication Nov. q. 1891.