The Harlowton news., 1913-01-10
Alias Summons


tana, in and for the County of
Meagher.
Lycurgus Fitzpatrick, Plaintiff YER
sus Chester Brooks, defendant.
The State OF Montana sends greet
ing to the above named Defendant:
You are hereby summoned to ans
wer the complaint id this action,
which is filed in the Office al the
Clerk OF this Court a copy Of which
is herewith served upon you, and 10
tile your answer and serve a COPY
thereof upon the plaintiffs attorney
within twenty days after the service
Of this summons, exclusive Of the day
TO appear or answer, Judgment will
the relief demanded inLhe complaint.
This said action is broughtto obtain
a Decree acknowledgements Of Che above1en-
that certain mortgage, dated July 4,
ed and delivered to plaintiff on the
2oth day of July, 1910, and recorded
thereafter, to-wit: On the 4th day
Of August, 1910, in book q at page
342, Mortgage records Of Meagher
SOuIlAf3 AOIlLdl1ds WHICH bdlA luOI u
gage is described, and set out, in
plaintiffs Complaint on file herein,
and which was made, executed and
delivered to plaintiff by defendant, as
aforesaid, as security TO the plaintiff
Of that certain promissory note, made
by defendant at LeWistown, Montana
on the lst day Of July, 1910, and given
and delivered to plaintiff at the same
time, for the sum OF Fifty thousand
six hundred fifty four and 75-10O dol
lars 1850, 1854. 75), and which said note
is described, and set out, in plaintiffs $
| said Complaint, and which said note
bears interest at the rate of six per
cent per annum from its date; and
which said note was payable in two
years after its date; and which said
note became due and payable on the
lst day Of July, A. D., 1912, with in
| terest thereon at the rate Of six per
cent per annum from date of it's exc
cutlon, no part Of hich said note or
interest has been paid, except the sum
n Three thousand thirty-nine and
29-10O Dollars (3,O39.29) .Which was
| paid on july !, 1911, as the first years
interest on said note and that there
! is due on said note, the principal sum
and interest at the rate OF six per
,ent per annum since July l, 1911;
and for the sum of Five thousand
dollars (S5,000) as d reasonable attor-
| neys' fee, TO be allowed plaintiff up
Oh The collection OF the said note,
| and The foreclosure OF the said mort
| rage; that he plaintiff is the lawful
Wner ANA holder OF said note and
| mortgage: that the morl gagged lands
Lnd premises, described in said mort
gage may be sold and the proceeds
| uerrOf applied TO the payment OF
>alu note, with interest thereon as
aforesaid and costs of suit and sale,
including reasonable attorneys fees
Of Rive Thousand dollars (S5,0O0OO):
md that plaintiff have execution and
Judgment against the defendant foI
| my deficiency which may remain
alter applying all Of The proceeds ol
| he sale OF said premises TO the salts
action Of he said Judgment and de-
rec. and for such oJher and further
feliel as TO lhe Court may seem tqull-
.',e in lhe premises.
For further particulars reference i
hereby made TO plaintiffs yelitiet
4 complaint on tile in the above enLlLlel
| action.
Witness my hand and the Seal o]
said Court this 2lst day of December
A. D., 1912.
SEALl E. Fl. Mayn, Clerk
Ayers s. Marshall, Lewist own, Mon
ana, Attorneys for Plaintiff.