The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-31

CUMMONs-IN THE DISTRICT COURT OF
= the First Judicial district Of the state Of
Montana IN and for the county Of Lewis aud
frank r. Bird. as administrator OF the estate
Of John Laton, deceased, plaintiff, " Andrew
}. kaiioy. Emma w. bailey and George NJ. Ohm
stead and Charles h. 1aylor. co-pArtners A.
Olmsteaa 4 Taylor, defendants.
The state Of Montana sends greeting 70 the
You are hereby required q appear in an action
brought against you b. 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 compl inE
fled therein, within en- days exclusive Of tbs
summons. II served within this county. or. IL
served out Of this county. but within tins district
or iudsment b. default will be taken ASsinsty5a
according TO the prayer Of said complaint
ne .aId action IL brought 10 90 ain = decree
Of taid court for the foreclosure Of a cora "A
mortgage described in the complaint here n.
dated The 18th day Of November, la.a. made and
executed by Andrew J. Bailey and tmma w..
bailey. 10 secure the payment Of a certain prom
issory note Of the same date delivered By sad
Andrew j. Bailey 20 NJ. Eolles & o.. Tor the
sum Of slu00, with interest thereon Al the rat
OF Il per cent pr annum from Nov. ~, 1857;
also for S2103 taxes paid By plaintiff on the
property covered b. the mortgage. with interest
from Jan. 10. 1894 also for the sum Of s2l.Bl in
surance paid on said property by the . aiutif
with interest thereon a the rats OF ~ per cent
Ter annum from Dec. = 1893 for reasonable
counsel fee for the foreclosure Of this mo tsag4
stipulated for therein TO be tixed and allowed :
the court: and Tor costs OF suit hs faid note a
mort gage having boon. on Dec, 2. lssy for value
sold and assigned by al. Bodies * 4 o, TO John
Baton. the said John alton having died intss-
tate on July Z, 1891 the plaintiff was. rept
10. 1880 duly appointed by the probate court q
Norfolk county stat0 OF Massachusetts. tho adj
ministrator Of the estate OF said John tnton.
deceased, and duly qualified A. such administrA-
toF and is the owner AID holder Of said note
and mortgage as such administrator. The prop
erty covered ~ said mortgage is described IS
follows tO-wit The We Z 1881 feet Of lot g. in
block J. Of the Joseph OF addition TO the city
u heena. in Lewis ami Clarke county Mon
tana a. the same is described and Designated
upon the official plat Of said addition ON ME Ia
the office 81 the recorder OF said county OF Lewis
and Clarke That tho said property may BE- cold
according to law aud the practice OF this court.
and the proceeds 81 such sAls applied to the pay
ment q said PRINCIPAL sum. taIe. insurance.
interest. counsel fee and the costs Of this suit.
and II said proceeds II such sale be insufficient
TO ray said sums. then for judgment and exeou-
ton against said Andrew j haiiey aud Emma
" Bailey FOR any dehcisnoy remainins; and that
Faid ndrsv j. HALEY and EmmA ~. Bailey an 4
ali persons claiming b.. through or under them
subsequent 10 the execution Of this me -tgsR
may b. forever barrel and foreciosed Of any an I
ali claim, lien or equity Of redemption Ia and Go
aid mortgaged property, and every part thereof.
and Tor general relief. All more FULLY ann -
from the complaint on file herein TO which fefe--
ence is hereby had
appear and answer he said complaint a. above
required, the said plaintiff viii apply TO the
court for this relief demanded in the complaint
tTict court of the FIRST Judicial district Of ths
state Of Montana. in and for the
county OF Lewis and Clarke.
sea- First this I'D day Of January IN the
iourt. J eight hundred and ninety-four.
49, JOHN BEAN. Clerk
=. \. $. II. helnsirs. plaintiffs attorneys.