The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-03-14
NELSON STORY & CO.'S

CuMMONB-IN THT DlSIRICr COURT OF
- the First Judicial district ~ the state %
Montana. In and Tor tho couniy Of Lewis aud
William Mcmillan. plaintiff W. Albert Al
Thornburgh. Franklin X. Wallace ] ouis Z. ,;
L otz. assignee. tho Denver Inv stment and
Ankins company. itmltet corporation, aud
T. bert e. nling.. detenuana
Tho state 81 Montana eends greeting 70 the
Aouare hereby required b. appear in "a acton
brought against you b the above nainsd piAntiu
IN tho district court OF the first judicial district
81 the stAta of Montana In ami for tho county %
lewir and Clarke. and 20 answer the complaint
hled therein within ton days (oHcuaiye 81 tho dAy
q serVieel after the service % you % thls sun.
mons n served within this county er.if served out
Of this county. but within TINS district Within
Judgment BY default will b. tAken against yol
according 10 the prayer of said compliant.
The said act on Is brought to oLtain decree
OF this court for tao foreclosure Of certain
mortgage described n thosa Il compliant aud exc
uied b. tao said deiends1t Albert A. norm
20 secure tho payment n = certain promissorg
note dated December 10 1871. made By the
the sum OF Twelve hundred dollars payable
ia gold coin ~ the Tn ted tates on the teuth
day OF Decemb =, 4. A.. 1873, 60 the order OF sald
piaintn, with interest thereon AZ tho rat1 OF ten
per cent Dor annum. interest payable o. the
tenth day- OF June and etembsr OF each y Ar.
ald II not paid at maturity u b sr interest AZ
the rate Of twelve per cent per annum, "a said
mortgage provi ling that IN case o. default IN
the payment of the principal and interest Of the
dispose OF tha u Operty described in said mori-
gage aud all b8noht and equity OF redemption OF
he said defendant Albert NJ. lhornburgh. 40
cording to law, aud out Of tie proceeds arising
from said sale may retain principal and interest
which may be due on the said promisaory note, ~
gether with the costs hnd charges u foruclosurs
suit unciuling counsel feeal; the amount due
upon said note anu mortgage a. the time OF the
commeno, ment Of this action being the sum u
twelve hund ed and sixty dollars tog with
interest thereon ~ the rate OF twelve per can't
per annum from the tonth day OF December. A.
ID. 1893. aud the sum Of twenty nine ana V-lOO
dollars. taxes paid a. provided in said mortgage.
Osether with interest thereon At the rate OF
tns.ve per cent per annum from the nineteenth
day OF January, A. j. leyt. and piaiutin prAys for
Judgment for the sum OF one hundred and nfieen
dollars counsel fees. and costs OF suit The
property embraced in and affected ~ said mort
gage being all that certain lot piecs parcel OF
/ md situate. lying and bsing in the original
townaite OF the city Of lie enA IN the county OF
A Evils and Clarke. state OF Montana part Gu
larry described a. follows, 10 wit: Beginning
at polnt in the east side of haucer streos
thirfy-iivs (sal feet south u the northwest COR
ner OF block numbered fve hundred and thirty
nine l53tl, and running thence east eeventy-hve
ll3) fest, thence south thirty go feet TO point
thence west seyentJ-tve 40 feet TO point in
the side Of CHANGER street; thence north
thirty 1907 feet TO the place Of beginning as Hatd
lot. piece or parcel OF land consisting of pOr-
lions Of lots numbered i've 80 and six 90 in
block numbered hve-huudred aud thirty -nino
tassi according to and As said lots and block are
more particularly desert Ell upon the othcial plat
Of he said original townsite now on tile In the
Othos Of tbs county clerk an recorder Of the said
county OF evils and tlarse. lnat the premises
conveyed by said mortgage may be sold and the
proceeds Of the tA.e thereof applied to TIE pay
ment OF said NOR gage AMI p'umiA-ory note aud
interest thereon - tbs rate Aforesaid, and OF -
sum Of twenty nine and e-I0O dollsrs taxes. to-
gether with interest thereon aforesaid, and Tor
said sum Of ono hundred and fifteen dollars
counsel fees. aud costs OF suit; and IN caee said
proceeds are not sufficient 10 pay the same 10 OBJ
tain an execution against said Albert H. Thorn
burgh for the balance remaining due. and also
that the said defsndAnts and all persons claim
ing BY. through or uader them or either Of them
may be barred and foreclosed Of all right claim.
lien, equity % REDEEM ption and interest in and to
said mortRaged premises
And you are hereby notified that II you fail TO
appear and answer the said complaint. as above
required the said plaintiff will apply 10 the
court for the relief demanded in said complaint.
Given under my hand and the seal OF the dis
tTict court Of the irst judicial district OF the
etata Of Montana. in and for the
-- county Of Lewis and Clarke.
I zeal First this 2gth day Of January. In the
Jud. ist. year Of our Lord one Thousand
| Court eight hundred and ninety-fuur.
~ JOHN BEAN Clerk
By q. o. TREFMAN, Deputy LEX
Nassena bullsrd Attorney for Plaintiff.