The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-04
REALTY THAT HAS WEAKNESS
FOR DISAPPEARING.
IT FOOLS THE MORTCACEE
In Spite Of Being Held Down BY
Mortgage, Lots Sail
Away.

AS a usual Cnlng Wnen man uOIuS 81
mortgage on real estate he con-
siders his security proof against theft,
removal or absorption by the elements
and for that reason security Of that
kind is always considered as the very
best obtainable and ranks the highest
Of all that can be obtained as guar
antee for the payment of a debt.
No doubt Richard Battells thought
SO when, on December 2, 1900, Fred
Miller gave him mortgage on lots 4,
2 and 3, of section "a, township
north, range ~ east, given in security
for the payment of two prOmissory
notes executed on the same day, one
for $1OO, with interest at the rate OF
10 per cent, payable June |, 1901, and
the other for $3.50, payable September
1, 1901, also drawing 10 per cent. in
terest Now, however, he is Of the
opinion that he was made the victim
| misplaced confidence and instead OF
having a security proof against time,
X
the disintegrating effects OF the ele-
! ments, he finds that when he accepted
the mortgage he reckoned without one
enemy-the Yellowstone river At
4 least, that is his assertion in com
plaint he has caused to be filed in the
district coure against Miller, in which
he demands judgment of foreclosure
and an order of sale OF the mortgaged
| premises.
Ground Is Vanishing.
In the complaint Battells alleges
that since the execution OF the notes
and mortgage a large portion OF the
mortgaged premises, which are sit
/ uated on the banks Of the river named,
has been swept away by the erratic
actions of that stream and their value
has been greatly deterorated and is
1 still rapidly lessening through the
same cause, and in consequence are
now worth no more than 81 O1S.57, for
/ which amount the property was sold
at auction May &C. 1908, when they
| were sold at sheriff's sale, under the
4 terms of a prior mortgage. Mr.. Bat
4 tells further charges that the premises
! are now not worth enough to pay the
mortgage debt OF the plaintiff and
that the defendant personally liable
is insolyent and his whereabouts I'M
known. The property is now in pos
4 session of tenant, who holds it un-
der lease.
! In view of his showing, plaintiff de-
mands that he be given Judgment ~
the sum of $3.50 and interest from De-
4 cember 20, 1900, $50 for attorney fees
and costs of the action. He further
4 prays that the court may make an or
! der directing the sale of the lots and
i application of the proceeds to the pay
/ nent of his claian, and that all others
4 laying claim, either as purchasers or
i incunbrancers by virtue of subsequent
mortgages, be barred, and that the
plaintiff may become the purchaser oI
the ground under the mortgage, ana
+! that the sheriff be directed to execute
a deed for the same to him.
/ A Receiver Appointed.
/ Accompanying the complaint is
petition for an order for the appoint
ment of a receiver to take charge
of the property. collect the rents, etc..
and turn over whatever money he de-
/ rives ais receiver to the clerk OF the
court.
Judge Loud has granted the petition
| for areceiver and has appointed
Charles Spear to act in that capacity.
| fixing his bond at $1,000.