Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1897-10-13
ALIAS SUMMONS

In the District Court of the Tenth Judicial
District of the state of Montana. in and for the
X: II. Canine. Herman Often. Angus Nc
H.. Kelly and Edith A. Reilly. husband and
husband and wife and Matthew Gunton. De.
PENDANTS. Alias summons.
above named defendants. W. ii. Kelly, Edith
y. Kelly and Clara Monahan.
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 herewith served upon you and to
the plaintiffs attorney within twenty DAYS
after the service of this m exclusive OF
to appear or answer Judgment will be taken
against you by default for the relief de-
handed in the complaint.
The following Is a general statement of the
nature of the action. to Wit: The said action
IS brought to obtain a decree of this Court for
the foreclosure OF two certain mortgages de
Scribed in the said complaint. one of which
Was made and delivered by the defendants w
H.. Kelly and Edith a. Kelly husband and
wifel, on the LIST day of October, 1880. at Lew
istown. Fergus County. Montana, To the Ma
ttonal Loan and Saving Union, a corporation
organized and then existing under the laws of
the. State Of Montana. and doing business at
Helena. in said State. to secure a certain prom
the same day for $50 described in said com
plaint. to said National Loan and Saving
Union, payable sixty months after date thereof,
with interest at live per cent. per annum and
premium At 1--WE per cent. per annum thereon
nom date thereof. and by mcSnc assignments
the said note and mortgage were. for a Valu-
able consideration. prior la the ommenCemcn
of this action, duly transferred Ia the plaintiffs
above naIned: said complaint in the first count
alleging that all at the Interest and premium
on said note aud The principal have been paid,
except The sun OF STpis3 and interest and
premium un said sum n ten per cent. per
annun from January End. 1875; the other of
which mortgages Was made and delivered nv
the aforesaid defendants w. III. Kelly and
Edith y. Kelly husband and wifcl. on or
about the 2nd dayOf January. lS5,at Lewistown.
ETrNN ann mt - NNAaE III - q . .
named. Ia secure 4 certain pramissnry note
made by the said W II. Kelly To the bank of
Fergus County, at LeWistown. Montana. pay
able one year after date thereof. with interest
af twelve per cent. per annum from said date,
and by mesne assignments the said promissory
note was. Tor a valuable consideration. prior to
the commencement of this action, duly trans
feTed to these plaintiffs; said complaint in the
second count alleging that all the interest
and the principal of said promissnry note have
been paid excepting the sum Of Sl.Oi2nl. to-
per annum from November nth. 1896; that the
premises described in the aforesaid ma q
mortgages may be sold and the proceeds
promissory notes and costs of suit. including
an attorneys fee of $50 To be allowed by the
ceeds are not sufficient to pay the same. then
TO obtain an execution against the said de-
ienuant w. Il. Nelly Tor the balance, remain
H. Kelly and Edith a. Kelly, and all persons
m by, through OF under them. including
barred and forclosed of all right, title, claim,
lien, equity of redemption and interest In and
TO said motgaged premises, and for other and
further relief. reference being hereby made to
said complaint.
Witness my hand and the seal
Seal of this court this 21st day
(Dist. Court.S of September, A. u. 1897.
(Signed.) EDMUND WRIGHT.
By Donald Fowler. Deputy Clerk.
VIM. NJ Blackford.
Attorney for Plaintiffs.
First publication Sept q.