The Madisonian. (Virginia City, Mont.) 1873-1915, 1896-01-25
Alias Summons.
l3.4t,

Az NV VAS ~ uNASA0
i district of the state of Montana, in and
tor the county of Madison. Thomas Waldo
Story, plaintiff, We. Ruby Gold Mining and
Milling Company. a corporation, defendant.
ALIAS SUMMONS. Action brought IN the
district court OF the fifth judicial district of
OF Madison, and complaint filed in the said
county OF Madison, In the Office of the clerk
OF said district court.
The State OF Montana sends greeting to
the above m defendant.
You are hereby summoned to answer the
complaint in this action which is filed in the
office OF the clerk OF this court a copy Of which
is here With served Upon you. and to file
your answer and serve a copy thereof upon
the plaintiffs attorney within twenty days
after the service Of this summons, exclu-
sive OF the day OF service; and IN case OF
your failure to appear or answer, judgment
will: be taken against you by default for
the relief demanded in The complaint.
The said action is brought to recover y
judgment against you In the sum Of Thirty
Thousand. Two Hundred and Ninety dol
lars. $3.50, $1,000, together with interest
thereon at the rate OF six per cent. per an
nun from the thlrty-irst day ofJanuary,
the defendant, Ruby Gold Mlning and
Milling company to one James G. Van Mar
ter Jr., on the said thirty.1rst day Of JAN
uary, 1894. for the sum Of Thirty Thousand
Two Hundred and Ninety dollars, payable
one year after date, and bearing interest
from date at the rate Of SIX per cent;
note was, together with the mortgage
hereinafter mentioned, duly Endorsed and
assigned by the aid 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 August, 1895,
duly assigned to the plaintiff herein who
ia rho I0no1 hnIHoHn s an1I nnfo 0rG mort
gage; and to obtain a decree Of this court
for the foreclosure Of that certain mortg-
age given by the defendant, Ruby Gold Min
ing and Milling Company to the said James
g.. VanMarter Jr., on the first day OF March,
1894. TO secure the payment OF said above
mentioned note, which mortgage was on
the fifth day of March. 1894, duly recorded
in the Office OF the county recorder of Madi-
son 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 WV. Story anC by eaid WV.
Story to the plaintiff herein. as he%reinaboye
mentioned: and that the pr. misses conveyed
by said mortgage. to-wit:- that certain MN
ing claim, known as the Lucas lode mining
claim, situate in summit, u~nOrganized, min.
district, Madison county, state OF MOntana,
the notice OF location whereof is recorde IN
the office OF the county recorder OF SAID
Madison county IN book 6 OF quartz records
at PSSc 90, dloO tudt CCltoit luItltuS Cluliu
known as the First North Extension
OF the Lucas lode mining claim, situate in
Summit. unorganlzed, mining district. Mad.
ls0n 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, hereditamentl
and appurtenances thereunto belonging
and together with the fixtures, implements
and machinery thereon-be sold and the
proceeds arising from the sale OF the salc
mortgaged premises be applied to the pay
ment OF the amount found due to the plain
tiff, together with all costs including
reasonable attorneys fee, and the sun o.
$500 being the amount expended by TIT
plaintiff In representing the said quartz
lode mining claims for the year 1895. accord
ing to section 1894 OF the revised statutes o
the United Ststes; aud In case such pro
ceeds are not sufficient to pay. the same
then to obtain execution against the SAT-
defendant Ruby Gold Mining and Milling
Company for the balAncel remaining due
and that the defe4dant aud all person
claiming By or under II pc barred aud tore
closed Of al riShfttit1e. claim. lien, eqult,
OF redemption, aud interest In .and TO 'th'