The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-02-23

CUMMONS-IN THE us rRIr-T COURT or
= the First judicial district of the state OF
MoAtAnA IN and Tor the county Of Lewis aud
Clarke.
lr4nk 4. Bird. a. administrator Of the estate
Of John hatOn, dectss a. plaiEtin. " Andrew
}. faiisy. EnmA ". hailoy and Gesrge N. Ohm
stead and Charles II. ayior. co-partnsrs O.
Olmstead q Taylor, defendants.
The state Of NontAna ssads grestiag 70 the
shove named defendants
You are hereby required u appear in an action
Erought against you hv the above named plaiuttE
in the district court OK the First Judicial distrot
Of the state Of Montana m and for ths county OF
Lewis AMI Clarke. End 70 answer the complaint
hled therein. within en- days lsHclusiVs OF tbs
day Of serviosl after the service you Of this
summons II served within this county. or II
served cut u this county. bot alt ia thisdtstroL
within twenty days. otherwise within forty GAYS
OF Judgment By default Will - taken Asalnstyoa
according TO The prayer Of said complaint
he said acuol n br.ugaf 70 % ala decree
2, ,to sai IN ~ Ssrs,n
dated ths 18th day Of Novsm ber ls5t. made aud
executed By Andrew J. kailey and NINA y.
is.ory note Of the same date delivered b. said
Andrew J. BAILEY 20 N. boiles 4 To-, Tor the
cum Of $500 with interest thereon ~ the rate
Of n per cent pr asnum from Nov. IL 1874.
also for t7a0s tArss paid b. plaintiff the
property covered by the mortga =. with interest
from Jan. A. 1871 also for the sum Of S2i-60 ia
surance raid on said property By the paintid.
with interest thereon Al the rate Of ~ per cent
FER annum from Dec. g. 1888. for = reasonable
counsel fee for the forsclosurs Of ibis mortgage
stipulated for therein 10 be fixed and allowed b.
the court. sud FOR cost OF suit he said note aud
mortgage haviuN been. on Dec. " l5s9 for Inc.
sold ana assigned b. Al. Bols- & % to John
lafon; tho said John eaton having died intas-
tate on July z. 1880 tho plaiutiu Was on sept
10. 1slo. Gully appointed BY the probate court u
Norfolk county. state OF Masaaclusetts, the adj
ministrAtor OF the eststo Of said John kAtou.
deceased. anu duly qualified A. such adm inistra-
tor aud 10 the owner and 10 der of said note
and mortgage a. tuch administrator The prop
erty covered BY said mortgage l. described as
follows to-wit. i no west lt3N feet Of lot :. ia
block D. OF the Joseph or addition 20 the city
Of helena. in evils ami Clarke county. Mon
tAna 81 the same Is described and designated
upon the off ial plat Of said addition ON ME in
tue office Of the recorder Of said ooaniy OF Lewis
and Clarke. hat he said property may be sold
according 60 law and the practice % this court,
and the proceeds u such sale applied 20 the pay
msnt Of said PRINCIPAL sum. th1e. insurance.
interest. counsel fee and the costs Of this suit
aud II said proceeds q such sale be Insufficient
to pay said sums. then for judgment and sxecu-
ton against said Andrew j nAtsI aud EmmA
" FaiaY for any uehcieucy remaining. aud that
said ndrev J. bailey and Emma ". Bailey and
all persons claiming b.. through OF under them
subsequent 60 the execution Of this Mortgage
may b. forever barred and force iosed 81 any aud
all claim. lion or equity o. redemption IN aud 10
said mortKAged property. and every part thereof
And for general relief. All as more tully appears
from TIE complaint ON file herein TO which refer
ence "a hereby had
AZ. - and answer the said complaint. a. above
reQuif-d. the said plaintiff viii apply To the
conrt Tor the raiis' demanded in the complaint
Given under my hand and the soAl % the dts
Tict court Of the first Judicial district ot tho
f-ate 81 Montana Ia and for the
r---, county u lewis and Clarke
Seal First this I'D DAY OF January IN the
Jud. Inst. year % our Lord thousand