The Helena independent., 1894-09-23

CUMMoNs-IN THE DISTRICT COURT
y OF tho Firat Judicial district OF the
state OF Montana, In and for the county OF
Lewis aud Clarke.
Chatlotts johnson. plalntiH. va Samuel
c. Baldwin, Lulie n. Baldwin, Franklin X.
Wallace. Lonis q Il. Lotx assignee OF
Franklin IL. wSllaoe aud George o. YsiaT.
uefendAnts.
Ths state OF Montana sends greeting 10
Samuel @. Baldwin and Lulis D. Baldwin,
franklin X. Wallace, Louis q. Il. Lotz as
senes OF \ anklln Il. Wallace and Gsorgs
q. Yergr. defendants.
You aud each Of on are hereby required
to apr ear in m action brouaht against you
by the above named plaintiff In tho district
court of the Fist Judicial district Of the
state of Montana, In aud for the county of
Lewis and Clarke. and 10 answer the COM
plant fled herein within ten dAys. ex-
elusive OF tho day OF ssrvioe. after
tne service on you OF this summons, IL
Sc yed within this county, or. II served out
OF this county bat in this district within
twenty days, otherwise within forty days, or
judgment by default will be taken Agains,
you aoeo ding TO the p aver Of said COM
plant.
The said action 10 brought to obtain de-
cree of this court for tho foreclosure OF q
certain mortgage described In the com.
plant. executsd BY said Samuel G. Baldwin
anl Lulie Il. Baldwin, the above named do
tendants, on the Sth day OF Deosnbsr. A..
ID. 1882, to secure the pstment OF q certain
prom iseory note made By them TO Olmstead
n lay or. q partnership comprised OF Geo.
III. Olms,ead and Charles Ii. Taylor on the
same day for $1,000 In gold. described In
the complaint herein. and which bF nom
paym ent OF interest and taxes uy on snid
property has become and Ia due and pnyR-
ble. and for the appointment OF o receiver
to control said properly. And IL 10 alleged
In said complaint that no part OF said sum
OF 81 600 has been paid. and that the same ls
now cue from said defendants samusl Q.
Baldwin aud Lulie b. Baldwin. to this
plaintiff. to whom said note has BEEN as
signed. tosetheg with the interest as pro-
viOed IN said note. Also 10 recover OF you.
said Samuel G. Baldwin and Lulie d. Balu-
win, the snm OF IS 900 due upon said prom
issory nots. Also for Sl36 interest due
upon ons OF the coupons attached 10 said
note with interest on said last named sun
ON Juls lst, 1899. at 10 psf cent pet an.
nun; also for sl20 interest due upon
a certain coupon attached 10 said promis-
sorT note with intsrass tho con from Jan.
], 1894. at n = rate of 10 per cent pee annum;
alao for $l20 interest on certain coupon
attached 10 the said promissory note with
interest thereon at the rate OF 10 ger cent
per abnum fiom July l, A. ID. 1884; also for
interest on the said sum Of $4,000 from July
l. 1894 al 10 per cent pet Lnnum; also fof
Sl5L46 on aocount OF taxes paid oa said
property with inte eat thereon at tbe rate
Of l2 ner cent yer snpum from the FIRST day
OF July. 1884, and also for the costa OF this
action.
Aud. IL 10 sought by said action to obtain
q decree by which said mortgage may be
70 eoiosed. and :in addition TO the fore
closurs thereof, that IL shall 10 decrsed
that the premises conveSei by said mort
gage shall be sold. and the pl oceeds thereof
apIlisd TO the payment OF said note and
interest and sail amounts due for interest
on said principal sums and amounts paid
for taxes on said premises, aud Ia case ths
said proceeds are not sufficient to pay the
same. then 10 obtain execution against the
said defendanta, samuel q. Dal6 win aui
Lulie b. Baldwin, and each OF them for the
balance remaining due. aud that the said
defendants and each of them. aud all pe =
sons claiming. by. through. or under them.
or either OF them be barred and foteclosed
OF all right, It'll. claim, lion, equity OF ie-
demption, and in.srest Ia and to said mort
gagged premises. and that the mortgage
lien OF this plaintiff be declared TO be prior
and superior to any right or claim 10 said
property asserted or claimed by Franklin
Is NhhuOcl ASoulo ~ LUNA
OF said Franklin II. Wnllnoe, or George
q. Yergy, defen dsnts herein; and you and
each OF you are hereby notihsI that II you
fhi. to Appea and answer tho said COM
plant as above required. said plaintiff will
apply tO the court for the relief demanded
IN the said oomp. amt. and that said llaIn-
iif will take ju igmsnt against you. the
ssld samuel @. Baldwin and Lulis Is. Bald
win.
lat; For the sun of $4,000. the rinoipal
in said proniissory note mentioned.
%: Fo Sl36 and interest dus uvon one
OF the coupons attached to SAID note. with
Interest on said last named sum from JulT
/, 1893, AZ ten per cent per nnnum.
3,; For $40 interest due upon certain
coupon attached to tho SAID promissory
note, with interest thereon from Jan. l,
1894, AZ the rate Of ten per cent per annum.
4lh: For sl20 Interest on csrtain ooupon
attached to a certain pronissJrr note. with
inierest thereon from Juiy 1, 1894. at ten
per cent per hnnum.
9th: For interest on the sum OF thee
thousand dollars from July /. 1894, at the
IstS OF ton rer cent per hnnum.
9th; 70 SlbL45 on aeeonnt of tRIo, paid
on said proI erty. WITH Interest thereon at
the rate OF twelve poT cent poF annum from
the hfst day OF Jniy, 1884, and for costs Of
sail, including an attorneys fec OF three
hund cd and fifty dollhIg.
Given under my hand and seal of tho dis
{ lot court OF the First Judicial district OF
the state OF Montana, In aud for tho county
OF Lawia and Ola Ike. this trst day Of Au-
gust, IN ths year OF our Lord one tbonsand
si0ht hundred and nin0ly-fout.
lsEAL. JOHN BEAN. Cletk.
By q. o. FREEMks, Dsputy.
Cullen d Toole, aitorneTa for lhintif.
First publication Sept. q, 1894