The Madisonian. (Virginia City, Mont.) 1873-1915, 1896-02-01

mum from the thlrtv-tirst day ofJanUary.
1874. on Il certain prom,ssorv note given by
the dettndant. Ruby Gold Ulnlng and
Killing company 10 one James q. an Mar
ter Jr.. on the SAID thirty first day Of jan
uary. 1894. Tor the sum Of Thirty Thousand
Two Hundred and Ninety dollars. payable
one year after date, and bearing interest
from date al the rate OF SIX per cent.
per annum until paid, which SAID
note was. together with the mortgage
hereinafter mentioned. duly Endorsed and
assigned by the said James q. Van Marter,
Jr.. on the first day o. March. 1894, to one
W. W. story. and was b! the said W. W.
Story on the sixth day OF August. 1898.
duly assigned to the plaintiff herein who
is the legal holder Of SAID note and 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.. NanMarter Jr.. on the first day OF March.
1884. 10 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 4,
OF mortgages. page ISL, which said mortgage
was duly assigned by said James G.. Van
Marter Jr. to Wv. Story and by said WV.
Story to the plaintiff herein. as hereinabove
mentioned: and that the promises conveyed
by SAID mortgage. to-wit:- that certain MN
i0- t'aiih NAO"4 as LIZ ooN AliA II
claim, situate in Summit, u~nOrgantzed, min
district, Madison county, state OF Mohtaaa,
the notice OF location whereof Is recorded IN
the Office OF the county recorder OF SAID
Madison county IN book Is OF quartz records
at page IS: also that certain mining claim
known as The First North Extension
OF the Lucas lode mining claim, situate in
Summit unorganlzed, mining district. Mad
lsOn county, state OF Montana. the notice OF
location whereof is recorded in The office OF
the county recorder OF said Iadlson county,
in book 8 OF quartz locations, at page 100:
together with The tenemeuts, hereditament>
and appurtenances thereunto belonging,
and together with the fixtures, implements
and machinery t~hereon-be sold and the
proceeds arising from the sale OF the SAID
mortgaged premises be applied to the pay
ment OF the amount tound due to the plain
tiff. together with all costs including Il
reasonable attorneys ice. and the sum OF
$500 being the amount expended by the
plaintiff in representing the said quartz
lode mining claims for the year 1880. accord
ing to section 1924 OF the revised statutes o,
the United States: aud in case such pro
ceeds are not sufficient to pay the same
then to obtain execution against the sale
defendant Ruby Gold Mining and Milling
Company tor the balance remaining due
and that the defendant aud all persons
claiming by or under 1t be barred and tore
closed Of all right, title. claim. lien, eqult!
OF redemption. and interest in and to thu
SAID mortgaged premises. and for such 9th
err aud further relief as to the court shall
seem meet.
Reference is made to the complaint here
IN FOR .Tull particulars. Witness my hant
and the seal of said court this ninth day O.
January. III the year Of our Lord, ont
thousand. eight hundred and nin1ty.siX.
Seal OF THOXAS DUNCAN,
Said Court Clerk
LEW L. CALLAWAY,
Attorney for Plaintiff
First Publication Jan. II Pat