The Helena independent., 1894-12-24


In the district court Of the First Judi
cinl district OF the state of Montana, n
and Tor the county of Lewis ana Clarke,
CLAUDIA q. konnett plnintln, w, v. H.
Wallace trustee, y, r. Wallace, Mary Il,
Wallace, his wife, Louis r. Lots, assignee
OF F r. wallace and A. NJ, Thornburg,
ole Nelson, william MclslroN Alexander
MIcElroy, Anna 81 shannon, simon ),
shannon, Moses Morris Ncls Anderson,
II. G. Hudson, G, r. stephens, Abraham
8. French. Anton DE Futua Hacarias, q,
w. williams, ChuH. l.. smith, Herbert -
Foster Henry sutton. George 4. stoweu,
trustee ", "a. Dnbnoy J. l., Jordan ANA
A. M. Thornhnrg, defendants.
The state OF Montana sends greeting TO
the above named defendants.
You are hereby required TO appear w an
action brought against you by the above
named plnlntin IN the district court of the
First judicial district OF the state OF Mon,
tann, In and FOR the county OF Lewis AMI
Clarke, and 10 answer the complaint nlcd
therein, within ten daya exclusive OF the
day OF scrvice) after the service on you
OF this summons u 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 WITH be taken against YOU Rc-
eording TO the prayer OF said complaint
This action IL brought to obtain de-
cree OF this court for the foreclosure OF
n certain mortgage described In the COM
plant and executed by the said +. r. Wal
lace, trustee. Und Mary r. Wallace, on or
about the 18th day OF February 1883, 10
secure the payment oi a certain promlH-
sorry note made by the said w. r. Wallace
as Franklin r.. Wallace, and the defendant
A, M. Thornhurg. ns Albert NJ. Thorn
burg, TO the plRlntlff on the same day for
the sum OF $500 lawful money OF the
United States, described In the complaint
herein, which has become due, aud alleg-
Ing that all OF said note has been paid ex-
cept the sum OF S3,G5O, and which is due.
together with Interest thereon from the
2ist day of August, 1898, at the rate OF u
per cent per unnum, Also the sum OF
eighty-four cents W,SD paid for taxes, with
interest thereon from February 18th, 1885,
Also A7G paid for taxes. with interest
from the 18th day OF January 1894 Also
s.. 93 paid for taxes, with interest from the
18th day OF February. 1894. Also S5.6l paid
by plaintlm to redeem portion Of said
property from tax sale thereof together
with Interest thereon from February lith.
1891, at the rate Of two per cent per month.
Also for judgment for the sum of three
hundred dollars as attorneys fees, TO be
Iixed and allowed by the court. That lots
numbered 2, 3, T., 0 and 10. in block num-
bered 20, and lots 4, ., 10, II ana Y. In block
No "a, and lots I, 2, D Z, 9. G. I,
is. 10. n, and u, Ia block No. 81.
In Grand Avenue addition to the
city of Helena, In tho county OF Lewis aud
Clarke, and state OF Montana, being a
portion OF the property conveyed by said
described mortgage. be sold. and the pro-
ceeds thereof be applied TO the payment OF
said note. moneys expended by plaintiff
as aforesaid, attorneys fees and costs OF
suit. For further particulars, reference
to the complaint on 1lc is hereby made,
and in case such proceeds are not sufIl-
cient TO pay the same. then TO obtain an
execution against said +. X. Wallace and
A. NJ. Thornhurg for the balance remain
ing due and also that all OF the above
named defendants, and all persons claim
Ing by, through or under them, may be
barred and foreclosed of all right. title,
claim. Hen. equity Of redemption and In
terest In and 10 said mortgaged premises
and for other and further relief. And II
YOU fail to appear and answer said com.
plant as above required, the plaintiff will
take default against you and apply to the
court for the relief demanded In the com.
plant.
Given under my hand. and the seal OF
the district court of the First judicial dis
trict OF the state OF Montana in and for
the county of Lewis and Clarke, this 18th
day of June. In the year of our Lord one
thousand. eight hundred and ninety-four
(SeaD JOHN BEAN. Clerk
BY II. ]. CASSIDY, Deputy Clerk.
Ashburn X. Barbour, attorney for plain.
| tin.
First publication Dec. 0. 1904