The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-14


Jarvis-Conklin Mortgage Trust com
pany did file prior to the time when
! the mortgage above referred to was
| made in the office of the clerk and re-
| corder and county recorder in the coun-
| ty of Lewis and Clarke, state of Mon
| tana, then territory, a duly authenti-
Gated copy of it's charter and certificate
| of incorporation, and did file a state
ment verified in all respects as herein
| before set out by the oath Of its presi-
| dent and secretary and attested by
| majority of it's board of directors, show
| ing the name of the Incorporation and
| the location of its principal office or
| place of business without the state Of
| Montana, and showing the amount of
| it's capital stock and the amount there
| of actually paid in money and showing
the amount paid in any other way and
| in what, and the amount of the assets
| of the Incorporation and of what the
assets consisted and the actual cash
| value thereof, and the liabilities of the
said corporation, and If any of its in
debtedness was secured, and how Sc
cured and upon what property. The
said corporation did in all respects COM
ply with the law of the state. then ter
ritory Of Montana, and particularly with
the provisions mentioned in section 442
Of the fifth division of the compiled
statutes of Montana, in the said county
of Lewis and Clarke, and that said cor
! poration had also prior to the time of
the making OF said mortgage filed in
| the Office of the county recorder of said
county es Lewis and Clarke under its
seal and the signature of its president
| a writing certifying that said incorpo-
| ration had consented, and then consent
| ed, to be sued in the courts of the state
or territory of Montana, and that serv
| ice of process might be served upon a
|
| a citizen Of the state, then territory of
Montana, and that said corporation did
! all acts necessary and in proper form
| to authorize it under the then existing
laws of the territory of Montana to
| transact business in the said county of
Lewis and Clarke. That the said Jar
vis-Conkling Mortgage Trust company
al the same time it filed the charter and
certificate in the said office of the
county recorder of Lewis and Clarke
county, filed in the Office of the secretary
| of state of said territory, now state of
Montana, a like statement and certifi-
cate and also certificate under the seal
of the corporation, with the signature
of its president, vice president and sec
rotary, certifying that the said corpo-
ration had consented to be sued in the
courts of said territory, now state of
Montana. as required by section 442,
fifth division of the compiled statutes
of the territory, now state, of Montana,
and appointing person, citizen of
said territory, whose name and resi-
dehce was designated in said certificate,
and consented that process might be
made upon such person.
| ''Eighth-That the said corporation
| did not on the 9Th day of March, 1893,
or at any time within 80 days there
after, file in the office of the secretary
of state of said state Of Montana, any
certificate under the hand of it's prasi
dent and seal of said company, or at
all, designating an agent, who should
be a citizen of the state of Montana.
| upon whom service of summons and
other process might be made or file in
said office any certificate required by
| the act of the legislative assembly of
the, state of Montana, entitled AN act
| providing the conditions upon which
foreign corporations may do business in
this state approved March s, 1898. Nor
did said corporation on July l. 1896, or a
any time, or at all, within 80 days there
after, file in the office of the secretary
of state. or in the office of the county
clerk of Deer Lodge county, state of
Montana, a duly authenticated copy of
their charter or articles of incorporation,
or any oath or statement or certificate
or paper whatever required by sections
1890, 1881, 1892, 1888 and 1884 of the civil
code of the state of Montana, nor did
said corporation on the said July l. 1895,
or at any time within 30 days thereafter,
or thereafter file in the office of the
said secretary of state, or in the office
of the county clerk of said Deer Lodge
county, certificate under the seal of
the corporation and the signature of it's
president, vice president or otherwise.
certifying that the said corporation had
consented to be sued in the courts Of
y, iec f1tn al no oF
| action against it in this state, and that
service of process might be had upon
some person. citizen of this state, or
| that it filed any certificate in said office,
! or either of them, during said time.
"Ninth-That the said Jarvis Conklin
| Mortgage Trust company did not at
| any time do business within said county
of Deer Lodge.
"Tenth-That the said Jarvis Conklin
| Mortgage company did not at any
| time have a place of business in said
| Deer Lodge county, and did not have
an agent or agency therein, and did not
at any time have in said county of
Deer Lodge any officer or person whom
soever representing said corporation in
| the transaction of business.
"Eleventh-That the loan for the pay
| ment of which said bond and mortgage
were given was made by the said Jar
| vis-Conklin Trust company at it's home
| office in Kansas City Mo-, and the
said mortgage and bond were delivered
to the said corporation at it's said home
office and not at any place within said
county of Deer Lodge.
| "Twelfth-That the said bond and
! mortgage We're payable at the office of
the said corporation in Kansas City,
Mo.
"Thirteenth-That the interest or
claim of the defendant. w. S. Mnshall,
in the real estate described in said
mortgage. whatever said interest may
be. is subsequent and subject to the
| lien of the said mortgage.
las conclusions of law from the fore
going facts, the court finds as follows:
! "First-That the plaintiffs are entitled
! to judgment against the defendants,
| William S. Roseborough and Harriet I.
Roseborough. for the sum of 1910 and
| for the costs of this action and the sum
of SIS as attorneys fees: and that said
sums are liens upon the premises de-
scribed in said mortgage according to
| !