Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1897-09-22
ALIAS SUMMONS

In the District Court of the Tenth Judicial
District of the State of Montana. in and for the
II: ii. Canine. Herman Often. Angus NC
MILAN and John 7; Ciiegg, Plaintiffs. vs.. w;
wifel, Clara Monahan and Dr. 7. III. Monahan.
husband and wife, and Matthew Gunton. De-
The State of Montana Sends Greeting to the
above named defendants, w. ii. Kelly, Edith
\. Kelly and Clara Monahan.
complaint in this action, which Is hled 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 thereof upon
the plaintiffs attorneys within twenty days
the day of service, and in case of your failure
10 appear or answer; Judgment viii be taken
handed in the complaint.
The following is a general statement. of the
i broupht to- obtain a decree of this Court for
the foreclosure of two certain mortgages de-
scribed in the said complaint, one of WHICH
II. Kelly and Edith A. Kelly husband and
wife,, on the LIST day of October, 1880. at Lew
tional 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
issory note made by the said W. H Kelly on
me SAINT Gay ioI S.so de1ftiueo ~ saiS ON
Union. payable sixty months after date thereof,
with interest at five per cent. per annum and
from date thereof, and by mesne assignments
the said note and mortgage were. for a valu-
able consideration, prior TO the commencement
of this action, duly transferred To the plaintiffs
above named; said complaint in the first count
alleging that all of the interest and prem 'um
ON said note and tie PRINCIPAL have been Iaia,
except the sum o. E uh.3 and interest and
premium ON said sum At ten per cent. per
annum from January Ind. 1856; tine other of
which mortgages was made and delivered by
the aforesaid defendants w II. Kelly and
Edith a. Kelly husband and wife,, on or
about the End ayof January. lSg5. at LeWistOwn.
Fergus County. Mont. To the plaintiffs above
named, to secure a certain, pramissoTy note
made by the said w IL. Kelly to- the bank of
Fergus County, at Lewistown, Montana. pay
able one year after date thereof, with interest
at twelve per cent. per mum from said date,
and by mesne assignments the said promissory
note was, for a valuable consideration. prior to
the commencement of this action. duly trans
ferred to these plaintiffs; said complaint in the
second count alleging that all the interest
and the principal of said promissory note have
been paid, excepting the sum of 81 ,Ol2Oi, to-
gether with interest thereon at twelve per cent.
per annum from November 18th, 1895; that the
premises described in the aforesaid namsd
mortgages may be sold and the proceeds
thereof applied to the payment of both of said
promissory notes and costs of suit, including
an attorneys fee of $50 to be allowed by the
court and taxed as costs; and in case such pro-
ceeds are not sufficient to pay the same, then
10 obtain an execution against the said de-
feudant w. ii. Kelly for the balance remain
ing due: and also that the said defendants w.
III. Kelly and Edith A. Kelly, and all persons
all other defendants above-named, may be
barred and f~orclosed of all right, title, claim,
lien, equity of redemption and Interest in and
to said mortgaged premises. and for other and
further relief. reference being hereby made to
said complaint.
Witness my hand and seal
Seal of this court this 2lst day
{Dist. Cour.S OF September. A. ID. 1897.
(Signed,J EDMUND WRIGHT.
Clerk District Court.
BY Donald Fowler. Deputy Clerk
Attorney for Plaintiffs.
First publication Sept p.