The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-03-17

/ CuMMONS-IN THE DISTRICT COURT OF
| = tho First Judicial district 81 the state %
Montana. la and for the county OF Lewis and
William Mcmillan plaintiff. Va Albert A.
Thornburgh. franklin u. wallace. ouis q. ,:
lotE. assignee the Denver Inv stment and
I IAnkins COMPANY, limited. q corporation. and
Il hart . ilinga. defendants
The state Of Montana sends greeting 10 thu
lou are hereby required 20 appear IN "a action
hrought Asainst you h the above nAmed piAintin
in the district court % the first judicial district
Of the state Of Montana in aud Tor the county Of
Lewis and Clarke and 10 answer tho complaint
hed therein within ten days tezolusi.e q tho dAJ
Of ssrvicol after tho service ron OF this sum
mons n served within this county OF. served out
Of this county. but within this district, within
Judgment 4, default will b taken against yo1
accounting TO tbs prayer OF said complaint
The said act. 4 brought 10 OBTAIN decree
Of tnis courl Tor the foreclosure VI certain
mortgage described n thesa a CON plant aud exc
cussd by tne said Defendant Albert A. Thorn
burKh. on a . tsath day Of December. A. A. lesi.
o. secure tho payment ~ certain pr0minsorI
note dated Decembsr 10 1891. made b. the
dsisndAnt Alblrt NJ, Thorn burgh tor
in golf com Of the n ted ttAtes on the tenth
day II Decemb r. A. ~. 1898. 60 the order OF said
plaintiff. with interest thereon a. tho rats Of ten
per cent per Annum, interest payable on tho
zenith days OF June and g ember of each ysAr.
aad II not paid % maturity 10 b ~ Interest AZ
The rate OF twelve Der cent per annum, al said
mortgage PROV Ting that IN case o. default IN
tie payment OF the principal and interest Of the
iaid promissorJ note the plAintiu NAY sell and
dispose OF tbs y Operty described IN said mort
gage and all bonoht and equity of redemption OF
the said defendant. Albert NJ. lhOrnburgh, 40
cording TO law, and out Of the proceeds arising
from sAid sAlo may retain principal ana interest
which may be due on the said promiesory nots to-
gether with the costs snd onargas q foreclosure
suit uncl uding counsel feesl the amount due
upon said note And n oftgage At the time OF the
commend ment OF this action being the sum Of
twelve hund ell and sixty dollars tog sther with
interest thereon At the rate OF twelve PER can't
per annum from the tenth day OF December, A.
ID less. and the sum OF twenty nine ana 300
dollars, tA1es pad a. provided In said mortgage
tOsether with interest thereon At the rate Of
two.vs per cent per Annum from the nineteenth
dky OF January, A. ID. leet and patutin prays for
Judgment fer the sum Of one hundred and nf;een
dollars counsel fees. and costs OF suit. lhs
property embraced in and affected BY said mort
gage being all that certain lot piscs parcel OF
land situate. lying and bsing in the original
lewis and Clarke. state OF Montana. part Gu
larry describs as follows, To wit; beginning
At a point in the east side Of (haucer stree.
tlirfy-hvs 1851 feet south q the north west cor
ner OF block numbered hvo hundred and thirty
nine l5sgl, and running thence east seventy eve
(l5l fest; thence south thirty $50 feet to DO ut,
thence west seventy i've l75) feet 10 point in
the east side Of CHANGER street; theno5 north
thirty S0l foet TO the place Of beginning a. said
lot piece or parcel o. land consisting Of pOr-
lions Of lots numbered hyo 80 aud ak 90 Ia
block numbered tve-huudred and thirty nine
l5S3 according to and ~ said lots and block are
more particularly desorited upon the official plat
Of he said iglnAl tOwnsite now on ME Ia the
othos OF The county clerk an recorder OF tho said
county OF Q owls and larse. lat the prem ses
conveJed by said mortgage may b. sold anu the
proceeds OF the fAe thereof applied TO o pay
ment Of said NOR csge hnd p-omissory note nnd
interest ID sreoa Il the rate Aforesaid amt OF "a
sum Of twonty-nine and 9-lOO dollsrs taxes. Ia
gether with interest thereon az Aforesaid, and for
eaid cum OF one hundred and fifteen dollars
counsel fees. and costs Of suit; and IN case said
proceeds Ers not sufficient 70 pay the same 70 OBJ
tam an execution against said Albert NJ. Thorn
burgh for the balance remaining due; and also
that the said defs ndants aud all perscns claim
ing by, through or under them or either Of them
may be barred and fOreclosed Of all right claim.
Ii n equity OF redemption and interest in and to
said mortgaged pr-mlses.
And you are hereby notified that IL you fail 70
appear ant answer tho said complaint as above
required. tho said plaintiff will apply he
court for the relief demanded in SAID con plant.
Given under my hand and the seal Of tho dis
tTiot court Of tho First Judicial district Of the
state Of Montana. in and for the
county Of Lewis and Clarke.
I real First this 28th day Of January. In the
Jud. ist. year Of our Lord one thousand
Court. eight hundred and ninety-fuur.
~ JOHN BEAN. Clerk
BY g. O. FREEMAN, Deputy Jerk