The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-03-10

| CUMMoNs-IN THE DISTRICT COURT or
/ y the First Judicial district Of the state Of
Montana IN and for the cOunty Of Lewis and
clarke
William Mcmillan. plaintiff. Va Albert A.
Ihornburgh. franklin X. Wallace. Ouis Z. ,.
lotl. Assignee. the Denver Investment and
Eanking company. limited. q corporation. and
X bert .. iilinR-. defendants
The state Of Montana sends greeting TO the
You are hereby required to appear in Al action
brought against you by the AboVe named plaintiff
IN the district court OF the First judicial dlstrio:
Of tho state OF Montana, in and for the county OF
Lewis and Clarke. and to answer the complaint
hed therein within ten days (exciuslvO Of the day
Of service) after the service you Of this sum
mons II served within this county Or II served out
Of this county but within this district, within
twenty days, otherwise within forty days. or
Judgment by default will b taken against yOu
according to the prayer Of said complaint.
The said acton Is brought to OBTAIN decree
OF this os1rt fer the foreclosure OF certain
mortgage desert bed IN thosAd complaint aud sIe
euted BY the said defendant Albert N. Thorn
burgh. on tie teHth day Of Deeembsr A. u. lssl,
nos ss'S asss ssSb, 81 s msss bS hs
defendant. Albert NJ. Thorn burgh, for
tue sum Of twelve hundred dollars payable
IN gold coin Of the Tn ted ktAtes on the tenth
day Of Dsoemb =. A, A. 1888. to the order OF said
plaintiff. with interest thereon 81 the rat9 Of ten
per cent per annum, interest payable on tins
tenth days Of June and seembsr Of each J, At.
aad II not paid At maturity To ar interest a.
the rate Of twelve per cent per annum, a sAid
mortsage PROV iins thAt IN case q default IN
said promissOry note the piaintin may sell and
dispose Of the foperty described In said mort
gaze aud all beReht and equity Of redemption OF
he ssid defendant Albert NJ. Ihornburgh. 40.
cording to law. AID out Of the proceeds arising
from s-td sale may retain principal and interest
which may be due the said prOIuissory note. t.
sether with the costs and charges II fOreolO sure
suis inc iu1lHg counsel feesl. the amount due
upon said note and mortgage At the time OF the
commenc meut o. this action being the sum OF
twelve hund Cd and SHY dollars together with
interest thereon 4 tho rate OF twelve per cont
per annum from the tenth day Of Decsmbsr. A.
y loss aId the sum OF twenty niue and s-lyl
dollars, taxes lad a. provided in said mortgage,
io-eiher with interest thereon At the rate Of
tSelVe per csnt per anBum from the nineteenth
DAY OF SAnuary A. a. ltyi. and piaiutlh prAys for
Judgment Tor tho sum Of one hundred and nfteen
dollars counsel fees, and costs Of SUIT. The
property m5rncou IN and aflscteu ~ faid mort
gage being all hat CERTAIN lot. pieca parcel Of
/ nd situate, lying and being in the original
townsite OF the city Of lie cas-. IN tho couaty Of
ewls aud Clarke, stats Of Montana, part Gu
larlT desor bsd a. iOllowa to wit beginning
~ q point IN the east side OF thaucsr stree.
tliriy nv. 1851 feet sOnfh VI the north uest cor
ner o. bloc& numbered ave hundred aud thirty
zine $50, and RAINING thence east fevonty- i've
90 fest thence south thirty go feet 10 20 {.
thence wet ssyenty-fve 49, feet 10 point in
the east eide Of 1haucsr street; thence north
thirty 800 feet to he place OF Beginning said
llt piece or parcel o. land consisting Df por-
lions Of lots numbered i've l5l and ak 10 in
block numbered hvs-huadred aud thirty nine
lssJ according to and A. aAid lots and block are
more particularly described upon the official plat
office Of the county clerk an recorder Of the said
county Of evils and Clarke. hat the prem ses
cOnveyed by said mortgage may b. sold anu the
proceeds Of the lie thereof applied 10 { . pay
ment OF eaid NOR gage and = Omissory note aud
interest hsrson q the rate Aforesaid, and Of "a
SUN Of twenty MAE and 9-IOO dollsrs taxee, to-
getner with interest thereon aforesaid, and for
said sum Of ono hundred and fifteen dollars
counsel fees. and costs Of suit; anu IN case said
nroceeds are NOT surhcient 70 pay the to OBJ
tain an execution nFaintt said Albert NJ Thorn
hnrgh for the balance remaining due: and also
that tho said ef-ndsnts aud All perscns claim
INK by. through or uhder them or either Of them
may he barred and foreclosed Of ali right claim.
lien equity Of REDEEM ption and interest ia and TO
sad morteaRed preml-es.
And you are hereby notified that IL you fail 70
appear and answer the said complaint as above
required. the said plaintiff will Apply % he
court Tor the relief demanded In said com plant-
Given under my hand and the seal Of the dis.
uict court Of the kiTst judicial district of the
ftats OF AcntanA. in and for the
county Of Lewis and Clarke.
zeal first this 2sth day Of January. in the
Jud' let. year Of our Lord one Thousand
court. eight hundred and ninety-four.
- JOHN BEAN. Clark
By q. O. FHETMAS. ID ,puty isrk
MAssena Billiard. Attorney for Plaintiff.