The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-02-20

CUMMONs-IN THE DISTRICT COURT or
y the First Judicial district Of the state Of
Montana In and for the county Of Lewis AID
Clarke.
William Mcmillan. plaintiff. Va Albert II.
Thornburgh. Franklin X. Wallace, I ouis Z. b.
Lotz. assignee. the Denver Investment and
EaRking COMPANY limited. corporation, and
Robert D.. D iIlinRa. defendants.
The state Of Montana sends greeting 10 the
Youars hereby required to appear in an action
brought against you by the above named plaintin
IN the district court Of the First Judicial dlstro.
Of the state Of Montana, in and Tor the county OK
Lewis and Clarke, and u answer the complaint
hled therein within ten days (exclusiye Of the day
Of service) after the service you u this sum
mons, II served within this county: ori served out
Of this county but within this district, within
twenty days otherwise within forty days or
Judgment BY default viii b. taken against you
according 20 the prayer Of said complaint.
The said seton Is brought 10 OBTAIN decres
OF this court for the foreclosure OF a certain
mortgage described n thssa 4 complaint and exc
cuted BY the said defendant Albert h. Thorn
hurgh. on tie tsath day Of December. A. u. lesl
note dated December 10. 1871 made by the
deisndant, Albert M; thorn bursh, for
In gold com Of the Tn ted tntes on the tenth
day Of Decemb =. A. a. 1893. 60 the order OF said
plaintiff with interest thereon Al the rats Of ten
tenth days OF June and embsr Of each year.
aud II not paid At maturity ~ ar Interest ~
the rate Of twelve per cent per annum, ADD said
mortgage providing that IN case OF default in
the payment OF the principal and interest Of the
said promissory note the plaintiff may sell and
dispose OF the property described in said mort
gage and all benefit and equity OF redemption Of
the said defendant, Albert NJ. lhornburgh, ae-
cording 20 law. aud out Of the proceeds arising
from said sale may retain principal and interest
which may be due on tho said promissory note. to-
gather with the costs and charges Of toreclosuro
suit Including counsel teesl' the amount due
upon said note and mortgage at the time Of The
commeno ,ment Of this action being the cum Of
twelve hund 81 aud sixty dollars tog sther VITA
interest thereon a. the rate OF twelve Ter cent
d A.
ID less. and the cum OF twenty niue anu 100
dollars, taxes lAid a. provided IN said mortRage:
together with interest thereon 81 the rate Of
twelve per cent per annum from the nineteenth
day OF January, A. D. iest ana plAintin prays Tor
dollars counsel Tees, ana costs OF SUIT The
property embraced in and affected ~ said mort
gage being all that certain lot, pece Or parcel OF
land situaie. lying and being In the original
townsite OF tho CITY Of heena. In the county Of
lewis aud Clarke. state Of Montana. part Gu
larlr decor bed A. follows. 20 Wit, resUnning
A. point IN the east eide OF thaucer stree
thiriy-fv1 ls3l feet south II tho northwest cor
nor o. block numbered i've hundred aud thiriY-
nine $3.50, ana ranning thence east seventy i've
Qal test thence souia thirty l3l feet 10 - mt
thence west uaNenty i've llal feot 20 point IN
the east aldo - thaucor street; thence north
thirty $50 feet % the place OF beginning. - said
lot piece OF Harce. o. land consisting Of ror-
lions Of lots numhorsa ave % aud siE CO., ma
block numbered hvo-huadrsd aud thirty-nine
$50 according 10 snd ~ said lots aud block are
more particularly descritcd upon tho official plat
Of he said original townsite nov on ole IA The
county OF evils and larhn that the premise
conveyed hY said mortgage may be cold aaa tae
procfcts u the "A thereof applet TO e. pay
meat ai said NOR gage aui b umls-Ory uote and
interest fhrr q the rate Aforesaid. ami uf ca
sun u twoan -glno nud b-luu doll. taAre, a.
sether with interest thereon aforrsai.. AND fer
sald sum ~ one hu-dred ami tftecn du. lars
counsel fees, and pusta ui suit anu ln case Haii
proceeds are mo-. tuicicnt O. lar Che rame tu OBJ
tain an execution again. fnid Alhcrl A. iLofu-
hurEh for tlo balance rrlua aing iIf. rnd aIau
thai tho raia def rdanis at all rersI M claim
ius hv. fhruuFh or uadHr Them eitnaI eft them
may he barred and furccl Haoi uf all right ciatm.
lien equity of redemption aud interest in ami 90
said mortEasfd prrHl-oa
and you are hereby notified thar 70 you fail %
appear and answer tho said complaint a. above
required tie sid plaintiff atu alpg % the
court Tor the reiief demanded In stId complaint
Given under my hand and tho seal Of the lie
trict court ~ the lust Judicial district OF me
Stat 90 Montana iu aud fUr tla
e-- county a. lewIH and Clarke
I zeal first fhis atfl day OF Jannnrl. la tha
Jud. ist. ) year o. oar Lord one Thousand
tuart deh. lundr.i sga ninety tom
~ JOHN HEAA. C.erk
by o.. 3D. fEFfsf ass. Deputy IF.E
hasssna iui ard. Atturncl ior 8 .tIItiu