The Ekalaka eagle. [volume] (Ekalaka, Mont.) 1909-1920, 1914-07-31

on the End day of December, A. d. 1911,
also the sum of $55, together with in
terest thereon at the rate of IL per cent.
per annum from the rst day of Decem-
Ter, 1872, being moneys paid out and
expended by the plaintiff in aymen of
the lnstallments or coupons attached to
a certain mortgage dated the 10th day of
March, A. .. 1910, wherein this plain
TIL is the mortgagor, and given to Sc
cure the sum of $1,000, 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 plaintiffs complaint. the plain
tiff has paid the said installment note
or oupon attached to the said mortcs re.
bearing date the 10th DAY of April. 1910,
given to secure the payment of the said
sum of $1,000 with interest thereon en-
the same lands and premises described
IN SAID mortgage marked Exhibit A.,
and of said complaint made a tart.
and which said mortgage is q prior lien
on SAID premises, and that under End
by virtue Of said terms conditions and
st!pulations contained IN said mortgage
Exhibit A., said payment of $55. 90, to-
sether with interest, become and are a
lien upon the lands ana premises describ-
ed IN said mortgage. marked Exhibit
n 1iu VI catH tClItEldlI1L maze a DaTt.
and that the plaintiff Is entitled to re-
cover the amounts paid thereon. and
that the said plaintiff has paid one in
stallment or coupon note dated the 10th
day of March, for $50 and is entitled to
recover the said amount of s55 together
with interest thereon at the rate of IL
per cent per annum from the 1st dav
OF DecembeX, 1912. and also for the fur
Their sum of s55, together with interest
thereon at the rate of - per cent Der
annum from the 1st DAY of December.
1878. for moneys paid out expended bv
the plaintiff in payment of the install
ments or coupons attached to a certain
mortgage dated the 10th day of March.
1910. wherein this plaintiff is the mort
sagor, and given to secure the sum of
$1,000. with interest thereon, on the same
lands and premises described in the
mortgage Exhibit A. set out ami rs
scribed in plaintiffs complaint. and tina,
under and by virtue or the terms and
conditions of said mortgage ''EShib,t
A., set out and described in pla;nt:f y
complaint. the plaintiff has paid he .,a.d
.nstallment note or coupon attached to
the said mortgage bearing date of the
10th day of April, 1910. given to secure
me payment of the said sum Of 81, 900.
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 bv virtue
Of said terms, conditions and stipulations
contained in said mortgage Exhibit A"
said payment of S55 together with in
terest become and are a lien upon the
lands and premises described in said
naortgaged marked Exhibit A. and of
sa.d compliant made e part, and that
the plaintiff is entitled to recover the
amounts paid thereon, ana that the said
| Ma n I hos niI r-.1
coupon note dated the 10th day of
March. for $500 and is entitled to re-
cover the said amount of $50. 90, togeth-
er with interest thereon at the rate of
y per cent per annum from the LIST dav
of December. 1918.
Also for the sum or v75, as attorneys
Fees to be paid the plalnt1ff S ATTORNEYS.
ana 10 he recovered rs A part of the
Judgment in this case. as is provided i'm
said note and mortgage marked EXHIBIT
\ and set out and described in said
complaint; also for the foreclosure Of
that certain mortgage, Exhibit A" set
out and described III plaintiffs COM
PLANT, made, executed and delivered by
Albert Muzinaki and Mary MIuzirsli
husband and wife. to this plaintiff, Wells
z Dickey Company. a corporation. bear
4ns date the 14th day or March. A y.
1910. and recorded on the 14th day of
March. \. D. 1910. at the hour of two
o'clock P. NJ. OF said day. in the office of
the County Clerk ano Recorder in and
or Custer County. Montana, in Book
M of Mortgages a: page IA. which
said n'artgaee was given to secure the
payment of the note for S143. IL. by said
Albert Muzinski ana Mary Muzinski.
husband and wife, as makers. dated the
10th day of March, A. d. 1910. and set
out IN paragraph two OF plaintiff s COM
0laint.
That the usual decree be made for
The sale of the said real estate, lands AID
premises described in SAID MORTGAGE set
out in PLAINTIFFS complaint by the Sheriff
Of Fallon County, Montana, according
70 the law and practice of this Court.
and that the proceeds of the sale may
he applied IN the M of the amount
lue plaintiff upon said note and NOR
tgage marked Exhibit A. and of said
complaint made a part. and that the
said defendants and all persons claim
ing under said defendants, subsequent
to the execution of said mortgage, either
as purchasers. encumbrancers. mort
sagees. a~ssignees Or otherwise may he
forever barred and foreclosed of all rights,
claims OF equities o. r~edemption N r.
to the said real estate, lands and prer,-
!sts, and every part and parcel n #,
and that the rlainti1 may have III tx
ment and execution against the sad
defendants, Albert Muzinski and Navy
Muzlnski. husband ana wife. for an. de-
hciency which may remain ,1Dnn sa;d
n ''e or mortgage described in said co.,
plant, after applying ali III" prnrue1s of
the sale of said mo, lea god lands ;,rd
premises properly applicable - lie sat
!staction of said mortgage and sail
judgment.
That the said defendants, Max Lor.
bieoki, Mary Folak and John Polak, her
husband. and W. q. Schultz, be adjude-
I'd and decreed to have no interest in,
or claim to any of said real estate, lands
and premises set cut in said MORTGAGE
marked Exhibit A. ana of said COM
plant made A part, ana that they and
Zach of them be forever barred and fore
closed Of all rights or equities of re-
demption in said lands and premises
and every part and parcel thereof.
That the plaintiff or any other party
10 the suit may become q purchaser at
sale of said mortgaged real estate,
lands and premises, and that the Sheriff
execute a deed to the purchaser or pur-
| chaSerS, and that the purcha ser or mn