The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-29

CUMMONs-IN THE DISTRICT COURT OF
- the First Judicial district Of the state Of
Montana IN and for the county of Lewis and
RANK r. Bird as administrator Of the estate
Of John haton, deceased, plaintiff. vs. Andrew
stead and Charles n. taylor. co-partners a.
Ulmstead q Taylor. defendants.
The state Of Montana sends gresting 20 the
You are hereby required y appear in an action
brought against you by the above named plAinfiG
in the district court Of the First jadoi district
Of the state Of Montana In and for tbs county OF
Lewis and Clarke, and TO answer the complaint
tlod therein. within Ten days lsxelusive OF the
day Of service) after the service on you Of this
summons. II served within this county or. K
served out OF this county but within thisdtstrict
within twenty days; otherwise within forty Gays
Judgment BY default will be taken against yO1
according to the prayer Of said complaint
he sald action ~ brought 10 OD,ala decree
OF fSid {, urt Tor the foreclosure Of certain
mortgage described IN the complaint herein
dated the 18th day Of November Isag. made and
executed by Andrew J. Bailey and kmma ".
Failey. 10 secure the payment Of a certain prom
issory note OF the same date delivered ~ ssId
Aadisw J. Bailey 20 NJ. holles & o.. Tor tho
sum Of Sl.sO0. with interest thereon At tho % q,
of A. per cent pr annum from Nov. 10, lss2.
ale for s20Os taxes paid by plaintiff on tn
property covered By The mortgage. with interest
thereon Al the rats Of Y per cent per snnum
from Jan. Is 1894; also for the sum OF f2ldD 10
suraace uaid on said property BY the j Amt ~
with interest thereon at the rate Of ~ per cent
Ter annum from Dec. 4 1888 for reA sonahi-
stipulated for therein to be liked and allowed b.
the court and Tor costs of suit he said note al
mott gage having been, on Dec. .. 1879 for value
sold and assigned by 81. Bollss a 20 TO John
fafon. tue said John atom having died intss-
tate July !. 1891, the plaintiff was, on sept.
40. 1850 duly appointed by the probate court II
Norfolk county. state OF MAssaohusstts the ad-
ministratOr Of the estate OF said John Eaton.
deceased, and duly qualified - such administra-
tor. and IL the owner and holder Of said note
and mortgage as such administrator. The prop
erty covered ~ said mortgage Is doeeribed -
follows. to-Wit; he vet 143st feet Of lot g. Ia
block ]. Of the Joseph OF addition to the city
OF helena. in Lewis AM Clarke county. Mon
tana. az the same IL described and designated
upon tho official plat of said addition on nile Ia
the Office Of the recorder OF said county OF Lewis
and Clarke That he said property may be sold
according to law and the practios OF this court.
and the proceeds % such sale applied TO the pay
mont OF said PRINCIPAL sum, take, insurance.
interest counsel fee and the costs Of this suit
and II said proceeds 81 such sale be insufficient
TO ray said sums. thon for Judgment and execu-
tion against ssid Andrew J kaisy aud Emma
". tAiiey FOR any deficiency remaining; and that
sAId ndrew J. Bailey aud Emma ~. Bailey AMI
all persons claiming hy. throush or under them
subsequant to the execution OF this mo tgHaa
may BE- forever barred aud foreciosed % any an /
all claim, lion OF equity Of redemption Ia aud 90
said uortgsged property. and every part thereof:
and FOR general relief. All as more fully appfa :
from the complaint on file herein 10 which refer
encs i hsrsby had
appear and ans wer the said complaint. a. above
required. the said plaintiff viii apply 10 the
court for tho relief demanded IA the complaint
trict court Of the First Judicial district Of the
state Of Montana. in and for the
county OF Lewis and Clarke
seal first this "a day OF January. an thu
Jud. Dist. 4 year Of our Lord one thousand
/ curt eight hundred and niuefy-four
r JOHN BEAN. Clerk
" q. q. FREKmAS. rsputy lsrk
+. n. a & II. Rcin,irs piaintia's attorneys.