The Ekalaka eagle. [volume] (Ekalaka, Mont.) 1909-1920, 1914-07-03

o~~o 49, SOiii " fDcf - Will III
terest thereon at the rate OF IL per cent.
per annum from the 1st day of Deem
Der. 1872. being moneys paid out and
expended by the plaintiff in payment of
the tnstallments or coupons attached to
a certain mortgage daced the 10th day of
March. A. .. 1910, wherein this plain
tiff is the mortgasor. 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 plaintiffs complaint, the plain
tiff has paid the said installment note
or coupon attached to tne said mortgage,
bearing date the 10th day Of April. 1910.
gwen to secure the payment If 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 z prio~ lien
on said premises, and that under and
by virtue of said terms conditions and
stipulations contained in said mortgage
Exhibit A.. said payment of $50. 90, to-
gether with interest, become and are a
lien upon the lands ana premises describ-
ed in said mortgage. marked Exhibit
A, and of said complaint made a part,
and that the plaintits 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 s55 and is entitled to
recover the said amount of s55 together
with interest thereon at the rate of y
per cent per annum from the 1st day
of December. 1912. and also for the fur
Their sum of $55, together with interest
thereon at the rate of y per cent per
annum from the tst Gay of December,
1919. for moneys paid out expended by
the plaintiff in payment of the Install
nents or coupons attached to a certain
mortgage dated the 10th day of March.
1910. wherein this plaintiff is the mort
gaeor, 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 and de-
Scribed in plaintiff complaint. and chat
under and by virtue or the terms ana
conditions of said mortgage "Exhibit
A, set out and described in plaintiffs
compliant, the plaintiff has paid the sad
linstallment note or coupon attached to
the said mortgage bearing date nf the
10Th day Of April, 1910, given to secure
the payment Of the said sum nj 81 900.
With interest thereon on the same
lands and premises described in said
mortgage marked "Exhibit A. and Of
said complaint made q part. and which
said mortgage is a prior lien on said
premises, and that under and by virtue
of said terms. conditions and stipulations
iCOlilc-!tSC III SS,l I!.CtLSGSC iii =
said payment Of S55 together with in
t4rest become and are q lien upon the
lands and premises described in said
rnortgaged marked Exhibit A and Of
said complaint made & part, and that
the plaintiff is entitled to recover the
amounts paid thereon. and that the said
! plaintiff has paid SAID installment or
coupon note dated the 10th day of
March. for $5s 90 and is entitled to re-
cover the said amount Of $500, togeth-
CT with interest thereon at the rate Of
, y Per cent per annum from the 1st day
. Of December, 1918.
= Also for the sum or 575, as attorneys
tees to be paid the plaintiffs attorneys.
/. and to be recovered IS a part of the
Judgment IN this case, as is provided in
, said noue and mortgage marked EXHIBIT
4 A ard SET out and described in said
Complaint: also for the foreclosure Of
that certain n7ortsa &c, Exhibit a" set
out ard described n plaintiffs com
plant. made. executed and delivered by
Albert Nuzinski end Mary Muzinski,
husband and wife, to this plaintiff. Wells
& Dickey Company. a corporation. bear
ing date the 14th lay or March. A. D
; 1910, and recorded on tbs 14th day OF
March. A. n. 1910, at the hour Of two
o'clock p. NJ. OF said d2v. in the Office OF
the County Clerk ana Recorder in and
!. for Custer County. Montana, in Book
d M Of Mortgages a page IA. which
- SF!G MAJ = |-S ~ SSCLI l!S
, payment Of the note for S143.13, by said
Albert Muzinski ans -1ary Nuzinski.
husband and wife, as makers. dated the
10th day of March. \. D. 1910, and set
: out in paragraph two OF plaintiffs com
plant.
That the usual decree he made for
the sale q the said real estate. lands and
premises described in SAID mortsage set
cut in r~laintiff : complaint by the sheriff
Of I2llon County, Montana, according
i to the law and practice of this Court.
and that the proceeds Of the sale may
, - applied on the rayr7enr Of the amount
: 1ue plaintiff upon said note and NOR
5. tzaee marked 'Exhihit A.. and of said
complaint made p part, and that the
said defendants and all persons claim
= ing under said defendants. subsequent
; to the execution Of said mortgage, either
y rs purchasers. encumhrancers, mort
.a5ees. assianees or otherwise MAJ te
forever barred and fcreclosed Of all rights
II Hlaims or equities o. redemption IN 1
TO the said real estate. lands and rrcrl-
l isfs. and ever part and parcel th>@,, u
and that the rlaintir may have m14-
ment and execution against the sad
defendants. Albert Nuzinski and MAJ
Nuzinski. husband ana wife. for an de-
n %fciency which may remain lnnr 81
" a ~ OF mortgage described in SAID CO.,
plant, after applying all tho p"o"-eds Z
= the sails Of said morIcA="1 lands anC
=. ~ ,i'i-E f'''AC-i. "tt--NSE'~ -Et
or isfaction Of said mortgage: and Paif
t. judgment,
of That the said defendants. Max Tor.
hiecki, Mary Fclak ana John Polak. he
er husband. and w. e. Schultz. be adjuds
Is Cd and decreed to have no interest in
or claim to any Of said real estate. land.
End premises SGT out in said mortgas g
I'd marked Exhibit A ana of said com
II. rlaint made a part. ana that they AM
each OF them he forever barred and fore
closed OF all rights or equities of re
delnption in said lands and premise
ard every part and parcel thereof.
- That the plaintiff or any other part.
TO the sUit may become 2 purchaser a
sale OF said mortgaged real estate
~ lands and premises, and that the Sheriff
II execute g deed 10 tbs purchaser or pur
ch2sers, and that the purchaser Or pur
Il nh2sers may bs let into possession O
u tbs said morte2ged lands and premise
IN production Of the Sheriff deed there
'Fi for.