The Madisonian. (Virginia City, Mont.) 1873-1915, 1896-04-25

the said county of Madison. In the office OF
the clerk OF said District Court.
The State OF Montana sends greeting to
the above named defendant:
You are hereby summoned 70 answer the
complaint in this action which is filed IN
the office of the clerk of this court, 2 copy
OF which is herewith served Upon YOU. and
to file YOU 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 tor 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. 00). 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
ard given by the defendant Ruby Gold
Mining & Milling Company to one James
G. Van Marter. Jr.. at Tacoma. Washington,
on the SAID thirty-trst 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 by 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. 1898. duly assigned to the plaintiff
herein who Is the legal holder of said note
and mortgage: and to obtain IA decree of
this court Tor 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.. at Tacoma. Washington. on the first
day OF March. 1894. to secure the payment
OF said above mentioned note. which said
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 53l: which SAID mortgage was duly
assigned by said James G. Van Marter. Jr.,
to W. w. Story and by said w. w. story
! to the plaintiff herein. as hereinabove
by said mortgage. to-wit: That certain
mining claim. known as the Lucas Lode
Mining Claim. situate in Summit. morgan
lied. mining district. Madison comfy. State
OF Montana. the notice of location whereof
is recorded in the office of the county re-
corder of SAID Madison county III Book 6 of
Quartz Records. at page 80: 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
IcCoi III tlc OulCt Vi we COUNTY T6COTueT
OF said Madison county. in Book 8 of Quartz
Locations at page 100: together with the
tenements. Entertainments and tppurte-
nances t~hereunto belonging and together
with the fixtures. implements. and machln-
cry thereen-be sold and the proceeds aris-
ing from the sale of the said mOrtgaged
premises be applied to the payment of the
amount found due to the plaintiff, together
with all costs including a reasonable at
t%Ornev's fee, and the sun of 5000. 90 being
the amount expended by the plaintiff IN
representing the said quartz lode mining
claims for the year 1895. according to section
1924 of the Revised Statutes OF the United
States; and in case such proceeds are not
sufficient to pay the same. then to obtain
execution against the said defendant RUBY
Gold Mining and Milling Company for the
balance remaining due, and that the de-
tendant and all persons claiming by or
under it be barred and foreclosed of all
right, title. claim. lien. equity of redemp-
ton. and interest IN and to the SAID mort
gagged premises. and tor such other and
further relief as to the Court shall seem
meet. Reference is made to the complaint
herein for tull particulars.
Witness my band and the seal of said
Court this twentieth day of March. in the
year OF our Lord. one thousand eight hun
dred and ninety-siX.
SEAL OF THOMAS DUNCAN.
SAIL COURT clerk.
LEW. l.. CALLAWAY.
Attorney for Plaintiff.
First publication March u, 1896. 22-5t