Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1897-10-06
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
MILAN and John L. Clegg, Plaintiffs, VS.. w.
IL. Kelly and Edith n. Kelly. husband and
wifel. Clara Monahan and Dr. II. MOuahan,
husband and wife. and Matthew Gunton,D 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 Of
which IS herewith served upon you and to
tile your answer and serve a copy thereof upon
the plaintiffs attorney within twenty days
after the service of this exclusive of
the Gay OF service. and m case OF your failure
10 appear or answer, Judgment viii 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 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.
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
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
the. same day, for $3.50 described in said com
plant, to said National Loan and Saving
Union. payable sixty months after date thereof,
with interest at hive per cent. per annum and
premium at hive per cent. per annum thereon
from date thereof. and by mesne assignments
the said note and mortgage were. TOR 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 remium
on SAID note and the principal have been paid,
except the sum of s5O6-3S and interest and
premium on said sum at ten per cent. per
annum from January End, 1896: the other of
which mortgages was made and delivered by
the aforesaid defendants w. H. Kelly and
Edith A. Kelly husband and wife,. on or
about the End dayof January, iSa5. at Lewistown.
Fergus County, Montana.to the plaintiffs above
named, to secure a certain pramissory 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
at twelve per cent. per annum from said date.
and by mesne assignments the said promissory
note was. for a valuable consideration, prior 10
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 8 1.0f2.0l, to-
gether with interest thereon at twelve per cent.
per annum from November 18th, 1896; that the
premises described in the aforesaid mar 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
PENDANT w. H. Kelly for the balance remain
II. 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
to said mortgaged 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 2lst day
lDist. Court. of September, A. ID. 1897.
(Signed.) EDMUND WRIGHT.
Clerk.
BY Donald Fowler, Deputy Clerk.
VIM. Nj. Blackford,
Attorney for Plaintiffs.
First publication Sept y.