The Ekalaka eagle. [volume] (Ekalaka, Mont.) 1909-1920, 1914-06-26

the installments or coupons attached to
a certain mortgage dated the 10th day of
March, A. D. 1910, wherein this plain.
tiff is the mortgagor, and given to Sc
cure the sum of 81, ooO, 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 the said mortgeg re,
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
in said mortgage marked "Exaibit A.,
and of said complaint made a part,
and which said mortgage is z 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-
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 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 s55 and Is entitled to
recover the said amount of SIS together
with interest thereon at the rate of IL
per cent per .annum from the 1st day
of December. 1912. and also for the fur
Their sun of s55, together with interest
thereon at the rate of y per cent per
annum from the list DAY of December,
1913, for moneys paid out expended by
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
gagor, 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 plaintiffs complaint. and that
under and by virtue OF the terms and
conditions of said mortgage Exhibit
A, set out and described in plaintiffs
complaint, the plaintiff has paid the sad
instaIlrnent note or coupon attached to
the said mortgage bearing date of the
10th day Of April. 1910, given to secure
the payment of the said sum Of 81, 600.
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
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
mortgaged 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 $500 and is entitled to re-
cover the said amount of SIS. 90. togeth-
err with interest thereon at the rate of
II per cent per annun from the 1st day
of December, 1913.
Also for the sum or SIS, as attorneys
fees to be paid the plaintiffs attorneys.
and to be recovered as a part of the
Judgment in this case, as is provided in
said note and mortgage marked Exhibit
complaint; also for the foreclosure of
that certain mortgage, Exhibit A set
out and described m plaintiffs COM
plant, made. executed and delivered by
Albert Muzinski and Mary Muzinski.
husband and wife, to this plaintiff. Wells
& Dickey Company, a corporation. bear
jng date the 14th day OF March, A. D.
1910, and recorded on the 14th day OF
March, A. 2. 1910. at the hour of two
O'Clock P. N. Of said day, in the Office of
the County Clerk ana Recorder in and
for Custer County. Montana. in Book
M of Mortgages a. page 144, which
said martgage was given to secure the
payment of the note for SAB. 10, by said
Albert MuZinski ana Mary Muzinski,
husband and wife, as makers, dated the
10th day of March, A. u. 1910, and set
ont in paragraph two OF plaintiffs com
plant.
That the usual decree be made for
the sale of the said real estate, lands and
premises described in SAID mortgage set
out in plaintiffs complaint by the Sheriff
Of Fallon County, Montana. according
TO the law and practice of this Court,
and that the proceeds of the sale may
he applied on the payment of the amount
| dine n12jntiff JprD said ncte 0oC
tgage marked Exhibit A. and of said
complaint made q 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
gagees, assignees or otherwise may he
forever barred and foreclosed of all rights.
claims or equities OF redemption III "r
20 the said real estate, lands and pre~,-
'ses, and every part and parcel thar, #,
and that the r%laintilr may have ,uls-
ment and execution against the SAID
defendants, Albert Muzinski anil Ma'y
Muzinski, husband ana wife, for any de-
hciency which may remain Lpnn SAID
y ,te or mortgage described in said ro.,-
plant, after applying all ~: proceeds Ct
the sale Of said moEtsaz"a lands and
premises properly arplicat:e - lie sat
istaction of said mortgage and vaid
Judgment.
That the said defendants, Max Lor.
biecki, Mary Polak and John Polak her
husband, and w. G. Schultz, be adjudg-
ed and decreed to have no interest in.
or claim to any Of said real estate. lands
and premises set out in said mortgage
marked Exhibit A ana of said COM
plant made a part, and that they and
each of them be forever barred and fore
closed of all rights or equities of re-
delnpticn in said lands and premises
and every part and parcel thereof.
That the plaintiff or any other party
20 the suit may become a 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 purchaser or pur-
chasers may be let into possession of
tbs said mortgaged lands and premises
on production of the Sheriff's deed there
for.
That the plaintiff have and recover
Z all of its costs and disbursements here
in incurred in the prosecution of this