The Helena independent., 1894-09-26


CUMMONs-IN The DISTRICT COURT
- OF the firs, Judicial distriet OF the
state OF Montana, In and for tho county Of
Lswia and Clarke.
ChAflotts johnson. plaintiff, va. Samuel
q. baldwin, Lulis n Baldwin, Ffanklia Il.
Wallaos. Lonia q. Y. Lotz, assignee OF
franklin H. Wallace ssd George o. YstRy.
defeudanta
The siats OF Montana sends greeting 10
sam1sl q. baldwin aud Lulis II. Baldwin,
Franklin Il. Wsllaos. Louis q. Y. Lotx, aa-
sianss OF n antlin X, WAllacs aud George
O. Ysrgr. DESCENDANTS.
You aud each OF Tou are hoTeby REQUIRED
TO apt oar In an action bTouRht against you
by the above named plaintiff In the district
oouF, NJ the First Judicial disirici OF the
state OF Montana. In and for the county Of
Lewis and Clarke, and 10 answer the COM
plant hled herein within ten daya ex-
elusive OF the day OF Service after
shs service ON you OF this summons, n
served wIthin this comfy, or, IL served out
OF this county bat in this distriet, within
twonty days. otherwise within forty dsys, or
judgment bS default will be taken against
plaiut.
The said action 10 brought 10 obtain de-
cree OF this court for The foreclosure OF q
osrtain mortgage described In the com.
plaint executed BY said Samuel @. Baldwin
aud Lulie b. BRldwi the above named de-
fsndants. on tbe 5ih day of Dsosmbsr, A.
ID. 1892. 10 secure tho payment OF q certain
pfornissorJ note made By them to Olmstead
a Taylor. a partnership comprised OF Geo.
M, Olmstead and Charles II. Taylor. on the
same day for $1,000 10 gold. described In
tho oom plant herein. and which by nom
n v n IA NJ m nd A aatA
property has become aud Ia due and paya-
his. and for the appointment of a receiver
to control said propsrsy. Aud II 10 alleged
Ia said complaint that no part OF said sunI
OF 90 900 has been paid, and that the same 10
now due from said defendants, Samuel q.
Baldwin and Lulie IL Baldwin, 10 this
plaintiff, 10 whom shid note has been as
signed, together with the interest as pro-
vided In said note. Also 70 recover Of you.
said samuel O. Baldwin and Lulie b. Bald
Win. the sum OF s3. 900 due upon said prom
issory note. Also for 1856 intersss due
upon one OF the courons attached 70 said
note with interest on paid last named SUM
fiom July lst. 1893. nj 10 per cent Der an
mum; also for $120 interest due upon
a certain coupon attached 10 said promis-
sorY note with interest thei con from Jan.
], le9s. at tho rate OF 10 per cent per snnum
s.so for &l20 interest on . certain coupon
attached 90 the said promissory note With
interest thereon at the rate OF 10 per cent
per aunum from July !, A. ID. 1894; also for
interest on the said sum of a000 from July
]. 1884. At 10 per cent per snnum; also for
Slb7. &6 oo account Of taxss raid on said
property with intel est thereon al the rate
OF IL per cent per annum from the 6rst dag
OF July. 1894. and also for the costa Of this
action.
Aad. 10 10 souRht by said action 10 obtain
q decree bv which said mortgage may be
fofselosed. and sin addition 10 the fore
closure thereof. that II shall bs dsorssd
thai the premises conveyed BY said mort.
gage shall be sold. and the pfoossds thereof
applied TO the payment OF said note and
interest and said amounts due for interest
on said principal sums and amounts paid
for taxes on said premises. and in case ths
ssid proceeds are not sufficient 10 pay The
same. then TO obtain execution against the
said defendants, samuel q. Baldwin snd
Lulis b. Baldwin. aud each Of them for the
balance remaining due. and that the said
defendants and each Of them. and all ps,-
sons claiming. BY. through. or under them,
or either OF them be barred and forsoiossd
OF all right title. claim, lien, equity Of re-
dsmpsion. and interest In and 10 said mort.
lien of this plaintiff be declared 10 be prior
and superior TO any right or claim 70 said
property asserted or claimed By franklin
X. Wallnee. Louis O. 4. Lotz assignee
OF said Franklin II. Wallhcs, or George
U. YeTRy, dsfsn dsnts herein; and you aud
saeh OF you are hereby notified thas N ron
fail to appear and answer the said COM
plaint as above required. said plaintiff will
apply to the court for the relief demanded
in iho said complaint and that said plain
til will take ju tRnisnt against you. tho
Ral lxutu auA nil u n.lA
win.
lsi: For the sum Of 5000 ths principal
in said promissory nots mentioned.
%; Fo $l3G anu interest due upon one
OF the coupons attached to said note. with
interss, on said las. named sum from july
i, 1893, ~ ten per cent per annum.
b; For $40 interest dus upoa certain
coupon attached 10 the saId promissory
note. with interest thereon from Jan. 1,
1894, A. the rate of tsn per cent per AMMAN.
Arb; For S120 interest on q certain coupon
attached 10 u certain promissorv note. with
intersst thereon from July l, 1894. al ten
pee cent per annum.
5Ih; For interest on the sum OF three
thousand dollars from July /. 1894. at ,he
Tato OF ton uer cent per hnnum.
9th; For Sl6L4G on account of taxes paid
on said property. with Interest thereon Al
the rate OF twelve per oent per hnnum from
the hfst day OF July, 1894. aud for costs OF
suit, including an attorneys fec of tbree
bundled and fifty dollars.
Given under my hand and seal OF the dis
let court Of tho First judicial district OF
the state OF Montana, In and for The county
OF Lewis and Ola ke. lhis 1rst day Of Au-
gust. In ths year OF our Lord one thousand
eight hundred nnd nineiy-four.
sEAL.l JOHN BEAN, Clerk.
liy q. q. FREEMlN. Deputy.
Cullen q Toole, attoTnsEs for plaintiff.
Fret publication Sept 9. 1894.