The Harlowton news., 1913-01-03
Alias | Summons

In the District Court or the Tenth
Judicial District OF the State 81 Mnn-
tana, in and for. the County 81
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 in this action.
which is filed in the office or the
Clerk Of this Court, a copy of which
is herewith served upon you, and t,o
| tile your answer and serve a cony
thereof upon the plaintiffs ATTORNEY
within twenty days after the service
Of this summons, exclusive of the day
OF service, and in case of your failure
to appear or answer, Judgment viii
be taken against you by default. for
the relief demanded in the complaint.
This said action is brought toobtain
a Decree and.] ]udgmento Of The above en-
titled Court for the foreclosure OF
that certain mortgage, dated July q.
1910, made by defendant, and execut-
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, % ar page
342, Mortgage records OF Meagher
County, Montana, which said mort
gage is described, and set out, 1 III
plaintiffs Complaint on tiles herein.
and which was made, executed and
delivered to plaintiff BY defendant, as
aforesaid, as security toIthe plaintiff
of shat certain promissory note, made
by defendant at LeWistoWn, Montana
on the lst day of July, 1910, and given
and delivered to plaintiff at tie same
time, for the sum OF Fifty thousand
six hundred fifty four and s75-lOO dol
lars (s5o.654. 75), and which said note
is described, and set out, in plaintiffs
bears interest at the rate of six per
which said note was payable in3stWo
years after it's 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 which said note or
interest has been paid, except the sum
or Three thousand thirty-nine and
29-loo Dollars l3039.29) which wa,
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
cent per annum since July /, 1911;
and for the sum Of Five thousand
dollars ($5, ,00W as a reasonable attor-
neys' fee, to be allowed plaintiff up
on the collection OF the said note,
and the foreclosure of the said mort
gage; that the plaintiff is the lawful
owner and holder OF said note and
mortgage; that the mortgaged lands
and premises, described in said mort
gage may be sold and the proceeds
thereof applied to the payment Of
said note, with interest thereon as
aforesaid and costs of suit and sale,
including reasonable attorneys fees
of Five thousand dollars $4,000. OO);
and that plaintiff have execution and
judgment again st the defendant for
any deficiency which may remain
after applying all of the proceeds OF
the sale OF said premises to the salts
faction Of the said judgment and de-
cree. and for such other and further
relief as to the Court may seem equit-
able in the premises.
For further particulars reference is
hereby made to plaintiffs verified
complaint on file iii the above entitled |
action. "a
Witness my hand and the Seal of |
said Court this 2lst day Of December |
A. D., 1912.
[SEAL] f. Fl. Mayne, Clerk
Ayers & Marshall, LewistoWn, Mon
tana, Attorneys for Plaintiff.