The Ekalaka eagle. [volume] (Ekalaka, Mont.) 1909-1920, 1914-07-24

also the sum of $55, together with in
terest thereon at the rate of IL per cent.
per annum from the 1st day of Deoem-
Ter. 1912, being moneys paid out and
expended by the plaintiff in payment of
the installments or coupons attached to
a certain mortgage dareu the 10th day of
March, A. D. 1910. wherein this plain
tiff is the mortgagor, and given to Sc
cure the sum of 81, 600, with the inter-
est thereon, on the same lands and prem
ises described in the mortgage Exhibit
A. set out and described in plaintiffs
complaint. and that under and by virtue
of the terms and conditions of said
mortgage Exhibit A., set out and de-
scribed in plaintiff 8 complaint, the plain
tiff has paid the said installment f,ote
or coupon attached to the said mortcsge,
bearing date the 10th day Of April. 1910.
given to secure the payment Of The said
sum of $1,000 with interest thereon on
the same lands and premises described
m sa,d mortgage marked "Exaibit A..
and OF said complaint made a part,
and which said mortgage is 2 prior lien
on sa!o premises, and that under end
by virtue of said terms conditions and
st!pulations contained in said mortgage
Exhibit A., said payment Of $500, to-
gether with interest, become and are a
len upon the lands ana premises describ-
ca IN said mortgage, marked Exhibit
A, and of said COMPLAINT made a part.
ana that the plaintiff Is entitled to re-
cover the amounts paid thereon. and
that the said plaintiff has paid one in
stallnent or coupon note dated the 10th
day OF March, for S55 and is entitled TO
recover the said amount of s55 together
with interest thereon at the rate of y
per cent per annun from the 1st dav
OF December, 1912, and also for the fur
Their sum of s55, together with interest
thereon at the rate of y per cent per
annum from the 1st DAY of December.
1913, for moneys paid out expended bv
tine plaintiff in rayr,ert rf the ;p.tan
n1ents or coupons attached to q certain
mortgage dated the 10th dav Of March
1910, wherein this plaintiff is the mort
gasor, and given to secure the sum Of
sl.ooo, with interest thereon, on the same
lands and premises described in the
mortgage Exhibit A. set ont and 1e-
scr.bed in Plaintiffs complaint. and that
under and by virtue or the terms and
conditions of said mortgage "Exhlbt
4 set out and described II pla trtffs
Iccn.plaint, the plaintiff has paid he ss:1
lnstallrnent note or couro attached to
the said mortgage bearing date of the
10Th day of April, 1910, given to secure
the payment of the said sum Of $1,000.
with interest thereon on the same
lands and premises described in said
mortgage marked Exhibit A., and of
said complaint made a part, and which
said mortgage is a prior lien on said
premises, and that under and BY virtue
81 SAID terms. conditions and stirulations
II~OHta!nec N sa.d mortgage Exhibit A.
said payment of s55 together with in
%terest become and are a lien uron the
Lands and premises described in said
mortgaged marked EXHIBIT A" and of
said complaint made = part. and that
the plaintiff is entitled to recover the
amounts paid thereon, znd that the said
plaintiff has paid sa,d installment or
coupon note dated the 10th dav If
March. for $500 and is entitled to re-
cover the said amount of $3.50 toeeth-
sr with interest thereon at the rate of
2 per cent per annum nom the 1st dav'
of December, 1918. ,~..
Also for the sum o. SIS, as ATTORNEYS
fees to be paid tbs ~pla,nt!tf's ATTORNEYS.
and to be recovered rs a part Of the
Judgment in this case, as is provided in
said note and mortgage marked "Exhibit
ana set out and described in said
complaint: also fer the Foreclosure Of
hat certain mortgage. -Exhihit a" set
cut and described N plaintiffs cow
r.aint, made, executed ard delivered by
2lbe"t Muzinski and diary M,1zinsl2t.
husband and wife, to this plaintiff. Wells
Y D'cEey Company, a corporation. hear
ns date the 14th day OF March. AID.
1910, and recorded on the 1Ath fsv Of
March. \. y 1910. at the hour cf two
o'clock F. N. OF said day, in the office of
The County Clerk ana Recorder in and
or Custer County, Montana. in Book
m or Mortgages q. page la, which
2tt' ''ci sage Was gwen To secure the
payment Of the note for s14313, by said
<!bert Mu2inski ana Mary Muzinski.
husband and wife, as makers, lated the
10th day of March, \. y. 1910. and set
VT in para graph two OF PLAINTIFFS com
olaint.
That the usual decree BE- made for
he sale of the said real estate. lands and
"remises described in said nortga &c set
OUT in plaintiffs complaint by the Sheriff
It E2llCn County NIcptapa ac,crIj,,
o the law and practice Of this Court.
md that the proceeds Of the sale NAV
he applied on the payment Of the amount
'ue plaintiff upon said note and NOR
gage marked "Exhibit a. and Of said
Complaint made q part. and that the
said defendants and all persons claim
'ng undsr said defendants, subsequent
TO the execution of said mortgage, either
as purchasers, encumhrancers mort
Eagees, assisnees or otherwise NAV he
.orever barrels rs foreclosei Of all rights.
: claims or equities Of redemption IN r
TO the said real estate, lands and pr2nl-
sfs, and every part and parcel thaF.,f
and that the plaint,1 may have IN Is
'neht and execution against the sad
defendants. Albert Nuzinski AMI Nav,
Nuzinski, husband ana wife, for any de-
Hciency which may remain anra, sx:d
q lie or mortgage described in SAID co,
p!a!nt. after applying all ~; p"n"veGs OF
the sale of said motIaa.ssel lnnl- and
premises properly arpHcat:e - Re sat
'stacticn of said mortgage and said
Judgment.
That the said defendants, Max Tor.
b!ecki. Mary Folak and John Polak, her
husband, and W. c Schultz, be adjudg-
ID and dscreed 10 have no interest in.
" claim to any Of said real estate, lands
and premises set cut IN said mortgage.
marked Exhibit :" ana Of said com
ola,nt made 2 part, and that they and
each of them he forever barred and fore
;losed OF an rights or equities CT re-
dennption in said lands and premises
and every part and parcel thereof.
mat the plaintiff OF any other party
70 the salt may become 2 purchaser ar
sale OF said nnortga esd real estate,
lands and premises, and that the Sheriff
execute 2 deed to the purchaser Or rur-
"hasers, and that the purchaser or pur-
:hasers may be lst into possession OF
the said n7Crtgassd lands and premises