The Helena independent., 1894-09-08

! & CUMMONS-IN THE DISTRICT COURT
- OF the Firsl Judicial disiriet OF the
sIats Of Montana, In and for the county OF
Lewis and Clarke.
Chatlotis Johnson. plaintiff, vs. Samuel
@ Baldwin, Lulis n..naldwin, franklin r.
Wallacs. Louis @. H. Lets. assignee OF
frauklin X. Wallace and George o. YefRy,
deisndentL
The state Of Montana sends greeting 10
samael G. baldwin and Lulis d. Baldwin,
Franklin X. Wallace, Louis q. +. Lotz as
slgnss OF y auklin Il. WnllsOs and George
o. Ysrgy. defendants.
You and each OF you are hsrsby requlrsd
10 APT ear in an action breuaht against you
bJ the above named plaintiff in tho district
court Of the First Judicial distriot of tho
atate OF Montana. In aud for the county Of
Lewis and Clarke, and 10 answer this COM
plant hled herein within ten days, ex-
elusive OF the day OF service. after
the service on you of this summons, n
so vsd within this county, or, IL served out
OF this county bat In this district. within
twenty days, otherwise within forty days, or
iuds smsnt By default will be taken against
yoa aceo ding 10 the payer Of said com
plAiat.
The said action ia brsueht 10 obtain q de-
cree OF this eoprt for the foreclosure OF q
certain mortgage described In the com.
plant. executed BY said Samuel @. Baldwin
aud Lulis II. Baldwin, the above named de-
fendants. on the 9Th day of December. A.
ID. 1892. to secure the payment of q certain
pronissory note made By them 10 Olmstead
Il Tsyior q partnsrship comprised OF Geo.
NJ. Olmstesd and Charles Ii. Taylor. on tho
same day for $4,000 In gold, described in
tho complaint herein. and which br nom
paJm ont Of interest and taxes uren said
property has become and Ia due and paya-
hla anA fnV lA in tvps -
to coatrol said property. And IL 10 alleged
In said complaint that no part Of said sum
OF "a. 900 hss been paid. and that ths same Ia
new due from said defendants, BAmusl @.
Baldwin and Lulis u. Baldwin, 70 this
plaintiff. 10 whom said note has been as-
signed. together with the interest 40 pro-
vidsd In said note. Also TO recover OF you.
said Samuel @. Baldwin and Lulis y. Bald-
win, the sum OF %. 900 due upon said prom
issory note. Also for $l86 interest," dse
upon one Of tho coupons attached 10 said
note With interest on said last named sum
fiom July lst. 1893. nj 10 POT cent per an
mum; also for $3.50 intsrsst due upon
q certain coupon attached 10 said promis-
sory nota with interest the con from Jan.
j, 1894. al. rate Of 10 psr cont psr annum;
also for $40 interest on certain coupon
attsshsd 10 the said prsnissory note with
interest thereon at the rate OF 10 per cent
per annum from Jsly !, A. ID. 1884; also for
intstest on the said sum Of $3, 000 from July
l. 1854 At 10 per cent per snnani also for
$lb7. 46 on account Of taxsa paid on said
property with interest thereon al the rate
of II per cent per snnum from the 1rst dsy
Of July. 1894. and slso for che sests Of this
action.
And. ID 10 sousht by said action 10 obtain
. decree by which said mortgage may be
fofsslossd. and sin addition to the fore
closure thsrsof. that 10 shall bs dsoresd
that the premises convsysa by said mort
gage shall bs sold, ana the proessds thereof
appiied 10 the payment Of said note and
interest and said amounts due for interest
on said prinsipal sums and amounts paid
for taxes on said premises. and In ease the
said proceeds are not sufficient TO pay the
same, then 70 obtain execution against the
said dsfendants Samuel O. Baldwin aud
Lulis b. Baldwin, aud each Of them for shs
balance remaining due, and that tho said
defendants and each of them. and all pos
sons claiming. by. through. or under then,
OF either OF them be barred aud ioreelossd
Of all right, title. claim, lien. equity of ie-
dsmption, and interest In aud TO said mort.
gagged premises. and that the mortgage
lien of this plaintiff bs declared TO bo prIsr
and superior 30 any right or claim to said
property asserted or claimed BY franklin
X. Wallace, Louis Q. Il. Lotz assignee
OF said franklin X. Wallace. OF Gsorao
U. Ysrgy. dsfen dants herein; and you and
each OF ysu are hereby notified that II you
fail to appear and answer the asid COM
plaint as above required, said plaintiff will
apply to the court for the relief demanded
In tho ssid complaint and that said plain
tif will take judgment against you, the
said Samuel @. Baldwin and Lulis b. Bald
win.
lat: For the sum Of $4,000. the principal
in said promissory mute mentioned.
"a; Fo Sl36 aud interest due upon ono
OF the pons attaehsd TO sald note. with
intsres, on said last named sum from JulJ
l. 1888, a. ton per cent per annum.
BIi For Sl20 interss, due upon q certain
coupon sttaehod 10 the said promissory
note. with interest thereon from Jan. l,
1894, at the rate Of ten per cent per aunum.
4th: For $40 interest on certain coupon
attached 10 a certain premissory note. with
interest thereon from July /, 1894. at ten
per cent per snnum.
9th: For interest on the sum Of thee
thousand dollars from July l. 1894. At the
rate OF ten rer cent per Anhum.
9th: Fof $lbL46 on heeoun, of taIsI paid
on said DrOssrty. with interest thereon at
tho rate OF twelve per cent per hnnun from
the ftst day OF July. 1894 and for costs Of
auit including an attorneys fee of thtse
hundI ed and fifty dollars.
Given undor my hand nRd seal Of the dis
lei court Of thS First Judicial district Of
the state OF Montana, Ia and for the csunty
OF Lswia and Clai ko. this nrst dag Of Au-
gust, In the year OF our Lord enc thousand
sight bundled and ninety -fosr.
[sEAL. JOHN BEAN, Clerk.
By q. o. FREEMAN. Deputy.
Cullen a Tools, attsTnets for plaintiff.
First publication S,pt 9. 1894.