The Madisonian. (Virginia City, Mont.) 1873-1915, 1896-03-21
No. $50.
Alias SUNNI ms.

oAtAS SUWW us.
n the District Court of the Fifth Judi
1cial District OF the State OF Montana. i,
and tor the count of Madison.
Thomas Waldo Story, plaintiff,
RUDY Gold Mining and Milling Company
a corporation. defendant.
Alias Summons. Action brought IN the
District Court Of the Fifth Judlcl4l District
Of the State Of Montana, in and tor the
county OF Madison. and complaint filed in
the said county OF Madison, in the Office OF
the clerk o! said District Court.
The State OF Montana sends greeting to
the above named defendant:
You are hereby summoned 10 answer the
complaint in this action which is filed IN
the office OF the clerk OF this court, a copy
OF which 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 ct service; and
10 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 q
Judgment against you IN the sum OF Thirty
Thousand, Two Kundred aud Ninety Dol
lars. $3.50. 29O. COY, together with interest
thereon at the rate OF six per cent. per an
mum from the thirty-frst day OF January,
AoC4s W. PAOtAfooOAy uOCC NOCotCo
and given by the defendant Ruby Gold
Mining & Milling Company to one James
G. Van Marter, Jr., at Tacoma, Washington,
on the SAID thirty-irst 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 aunum until
paid. which said note was, together with
the mortgage hereinafter mentioned, uuly
Endorsed and assigned by The said James g.
Van Marter, yr.. on the first day OF March,
1884, TO one W. w. Story. and was Ivy the
said W. w. story. on the sixth day OF Au-
gust, 1893. duly assigned t" The plaintiff
herein who Is The legal holder OF said note
and mortgage; and to obtain u decree of
this court tor the foreclosure OF that Ger
tain mortgage executed and given by the
defendant. Ruby Gold Mining aud Milling
Company to the said James G. Van Marter,
Jr.. a Tacoma. Washington, ~ the first
day OF March. 1884 to secWre the payment
OF said above mentioned note. when said
mortgage was on the fifth day OF Naarchx
lS4, duly recorded IN the office OF the
county recorder OF Madison county. state
OF Montana. ia Volume H. OF mortgages,
page 5Sl: which SAID mortgage was daily
assigned by SAID James G. Van Martea. DR..
TO W. W. Story and by said W. W. STORY
10 the plaintiff bereln, as hertipabove
mentioned: and that the premises conveyed
by said mortgage. tO-wii: That CERTAIN
"thtHS CiaiUl. hiio"u as me Lucas LOUe
Mining Claim. situate in Summit. unorgan-,
iZed, mining district. Madison comfy. state
OF Montana. tie NOTICE OF location whereof
Is recorded IN the office OF the cn,an,y re-
cOrder OF SAID Madison county IL Book 6 OF
QuariZ Records. at PAGE ~; also that Ger
tam mining claim hn""u as ,ha First
North Extension OF the / .ucaS Ln,e Ai..f5g
Claim. situate in Sunm,i. nn-rganized,
mining district. Madison county. state OF
Montana. the notice 81 location whereof is
recorded in the Office OF he county recorder
OF said Madison county. IN Book 3 Of Quartz
Locations at page 100; Together win the
tenements. heredil aments and ,ppurle-
nances thereuutO belonging aud together
with the fixtures. implements, and muclun-
cry thereen-be sold aud the proceeds arts.
lag from the sale OF the said mortgnged
premises be applied to the payment OF the
amount found due to the plaintiff, together
with all costs including a reasonable at
tOrne! g lee. aud the sum OF 5000 90 betnx
the amount expended by the plaintiff N
representing the said quartz lode mining
81 inns Tor the year 1895. according to section
2324 OF the Revised Statutes OF the United
States; and in case such proceeds are not
sufhc'ent 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-
iendsnt and all persons claiming by or
under 1t be barred and toreclosed OF all
right, LIE. claim, lien, equity OF redemp-
ton. and interest IN and to the sa,d mort
gagged premises. and tor such other and
further rrliei as to the Court shall seem
meet. Reference Is made to the complaint
herein for 1ull particulars.
Witness my hand and the seal Of said
Court this twentieth day ut Mlrch. in the
year OF our Lord, one thousand eight ham
drad and ninety.siX.
SEAL. OF THOMAS DUNCAN.
SAID COURT clerk.
LEW. L. CALLAWAY,
Attorney Tor Plain,iR.