Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1897-10-01
ALIAS

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
MILAN and John T.. Clegg, Plaintiffs. vs.. w.
II. Kelly and Edith A. Kelly, husband and
wife,, Clara Monahan and Dr. H.. Monahan.
husband and wife, and Matthew Gunton. De
PENDANTS. Alias Summons.
The State of Montana Sends Greeting to the
above named defendants. w. II. Kelly, Edith
A. 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 o
which is herewith served upon you and to
BILE your answer and serve a copy thereof upon
the plaintiffs attorneys within twenty days
after the service of this summons, exclusive of
to appear or answer, Judgment will be taken
against you by default for the relief de-
manded in the complaint.
The following is a general statement of the
nature of the action. to wit: The said action
is ID brought to obtain a decree of this Court for
scribed in the said complaint. one of which
was made and delivered by the defendants w:
II. Kelly and Edith A. Kelly husband and
wife,, on the LIST day of October, 1880. at Lew
istown, Fergus County, Montana, TO the Ma
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. II. Kelly on
the same day for $3.50 described in said com
plant, to said National Loan and Saving
with interest at five per cent. per annum and
premium at five per cent. per annum thereon
Il TrOmd dft tncTcOI, ana DY TDtoDG d-SlRuIUtnls
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 premium
on said note and the principal q have been paid
| premium on said sum at ten per cent per
annum from January End. 1896; the other of
| the aforesaid defendants W. ii. Kelly and
Edith A. Kelly husband and wife). on or
about the End dayof January 1885, at Lewistown,
L EerpIIe County Mnnt tn the DlalnfftfS HhnNe-
made by the said W. II. Kelly to the bank Of
| able one year after date thereof, with interest
at twelve per cent. per annum from said date.
note was, for a valuable consideration, prior TO
| the commencement of this action, duly trans
fened to these plaintiffs; said complaint in the
and the principal of said promissory note have
been paid. excepting the sum of 81 .042Oi, to-
gether with interest thereon at twelve per cent.
per annum from November 18th. 1896; that the
premises described in the aforesaid namsd
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
ing due; and also that the said defendants W.
H. Kelly and Edith A. Kelly. and all persons
claiming. by, through or under them, including
all other defendants above named. may be
barred and forclosed of all right, title, claim,
lien. equity of redemption and interest In and
further relief, reference being hereby made to
said complaint.
Witness my hand and seal
Seal of this court this 21st day
lDist- Court.5 of September. A. ID. 1897.
(Signed.) EDMUND WRIGHT.
Clerk District Court.
BY Donald Fowler, Deputy Clerk.
VIM. NJ. Blackford,
Attorney for Plaintiffs.
First publication Sept y.