The Madisonian. (Virginia City, Mont.) 1873-1915, 1896-05-02

tue 0alO COuulv Ol MouAeOus III Tue ONCE OIL
the clerk OF said District Court.
The State of Montana sends greeting to
the above named defendant:
You are hereby summoned to answer the
complaint in this action which ia filed IN
the Office of the clerk of this court. q copy
OF winch Is herewith served upon you. and
to file your answer and serve a copy there
of upon the PLAINTIFFS attorney within
twenty days after the service of this sum-
mons. exclusive of the day of service; and
in case of your failure to appear or answer.
judgment will be taken against YOU by de-
fault for the relief demanded in the COM
plant.
The said action Is brought to recover a
judgment against YOU IN the sum of Thirty
Thousand. Two Hundred and Ninety Dol
lars. $3.50. 300 COY. together with interest
thereon at the rate OF six per cent. per an
mum from the thirty-tirst day of January.
1894. on a certain promissory note executed
and given by the defendant Ruby Gold
Minlng 4 Milling Company to one James
G. Van Marter. .Ir.. at Tacoma. Washington,
on the SAID thirtv-frst day of January. 1894.
for the sum of Thirty Thousand Two Hun
dred and Ninety Dollars. payable one year
after date, and bearing interest from date at
the rate of SIX per cent per annum until
paid. which said note was, together with
the mortgage hereinafter mentioned. duly
Endorsed and assigned bv the said James G.
Van Marter. Jr.. on the first day OF March.
1894. TO one w. w. Story. and was by the
said w. w. Story. on the sixth day of Au-
gust. 1888. duly assigned to the plaintiff
herein who is the legal holder of said note
/ and mortgage: and to obtain a decree Of
this court for the foreclosure OF that GER
tain mortgage executed and given by the
defendant. Ruby Gold Mining and Milling
Company to the said James G. Van Marter.
Jr.. al Tacoma. Washington, on the first
day of March. 1894. to secure the payment
~ ocsI c1,0ua ~ ~ ~ Nnnfn vrlfoh cniN
mortgage was on the fifth day of March,
1894. duly recorded in the office of the
county recorder of Madison county. state
OF Montana. in Volume A. of Mortgages.
page 531: which SAID mortgage was duly
assigned by SAID James G.. Van Marter. Jr..
to w. w. Story and by said ". w. story
to the plaintiff herein, as he%reinabOve
mentioned: and that the premises conveyed
by said mortgage. to-wit: That certain
mining claim. known as the Lucas Lode
Mining Claim. situate in Summit morgan
lied. mining district. Madison county. State
of Montana. the notice of location whereof
is recorded in the office of the county re-
cOrder Of said Madison county IN Book 6 OF
Quartz Records. at page 3S: also that GER
tain mining claim known as the First
North Extension of the Lucas Lode Mining
Claim. situate in Summit. unOrganiZed,
mining district. Madison county. state Of
Montana. the notice of location whereof is
recorded in the Office of the county recorder
of said Madison county. in Book 9 of Quartz
Locations at page 100: together with the
tenements. hereditaments and oppurte.
nances thereunto belonging and together
with the fixtures. implements. and machln'
cry thereon-be sold and the proceeds arts
ing from the sale of the said mortgageC
premises be applied to the payment OF the
amount found due to the plaintiff, together
with all costs including a reasonable at
tornev's tee, and the sun of $4,000 being
the amount expended by the plaintiff II
representing the said quartz lode mining
claims for the year 1895. according to sectior
1924 of the Revised Statutes of the United
States: and in case such proceeds are no
sufficient to pay the same. then to ohtair
execution against the said defendant RUIZ
Gold Mining and Milling Company for TIT
balance remaining due, and that the de
PENDANT and all persons claiming bv o.
under it be barred and tOreclosed of al
right, title. claim. lien. equity OF redemp
ton, and interest IN and to the SAID mort
gagged premises. and tor such other ant
further relief as to the Court shall seen
meet. Reference Is made to the complain
herein for full particulars.
Witness my hand and the seal of sal,
Court this twentieth day of March. in thu
year of our Lord. one thousand eight hun
dred and ninetv-siX.
SEAL OF THOMAS DUNCAN,
SAID COURT clerk
LEW. L. CALLAWAY.
Attorney for Plaintiff
First publication March u. 1896. 22-5