The Ekalaka eagle. [volume] (Ekalaka, Mont.) 1909-1920, 1914-07-17

also the sum of $55, together with in
terest thereon at the rate of IL per cent.
per annum from the list day of Deem
Der, 1912, being moneys paid out and
expended by the plaintiH in payment of
the installments or coupons attached to
q certain mortgage dared the 10th day of
March. A. =. 1910, wherein this plain
TIL is the m~ortgagor, and given to Sc
cure the sum of 1000. 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 MORTGAGE.
bearing date the 10th DAY of April. 1910,
gwen to secure the yne Of the said
sum OF $1,000 with interest thereon on
the same lands and premises described
IN SAD mortgage marked "Exaibit A.,
and of said complaint made a rart,
and which said mortgage Is q prior lien
on said premises, and that under and
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 are a.
lien upon the lands ana premise describ-
eq IN said mortgage. marked Exhibit
AZ, 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 $55 and is entitled to
recover the said amount of $55 together
with interest thereon at the rate of ~
per cent per annum from the list dav
OF December, 1912, and also for the fur
Their sum of S55, together with interest
thereon at the rate of II per cent per
annum from the LIST day of December.
1913 for moneys paid out expended by
the plaintiff in payment of the install
naents 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
iahos ana premises described in the
mortgage EXHIBIT A, set out and de-
scribed in plaintiffs complaint. and that
under and by virtue or the terms and
conditions of said mortgage "Exh,bt
A, set out and described in pla;rt:fs
complaint, the plaintiff has paid he sa:d
.nstallment note or coupo 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,
will interest thereon on the same
lands and premises described in said
mortgage marked Exhibi A., and of
said complaint made a part, and which
SAID mortgage is a prior lien on said
~ .tS di1 ltiSL ullcT ana DIV virtue
Iof 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
norteaged marked Exhibit A. and of
sara compliant made It part. and that
the plaintiff is entitled to recover the
amounts paid thereon, and that the said
olalntiff 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 s55. 90, toseth-
er with interest thereon at the rate of
y per cent per annun7 from the 1st dav
Of December, 1913.
Also for the sum or SIS, as attorneys
ices to be paid the PLAINTIFFS attorneys,
and to be recovered Us a part of the
Judgment in this case, as is provided in
SAID note and mortgage marked Exhibit
A. and set out and described in said
complaint; also for the foreclosure Of
hat certain mortgage. Exhibit A" set
plaint, made. executed and delivered by
Albert Muzinski and Mary Muzinski.
husband and wife. to this plaintiff. Wells
4 Dlckey Company, a corporation. bear
tns date the 14th day OF March, A. D..
1910, and recorded on the 14th day of
March, A. y. 1910. at the hour of two
o'clock F. NJ. of said day. in the office of
the County Clerk ana Recorder in and
or Custer County. Montana, in Book
M of Mortgages az page 144. which
sald martgage was given to secure the
payment of the note for s143.13, by said
Albert Mu2inski ana Mary Muzinski.
husband and wife, as makers. dated the
10th day of March, A. D.. 1910. and set
out in paragraph two OF plaintiffs com
plant.
That the usual decree be made for
the sale of the said real estate lands Ind
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 paymenr of the amount
tue plaintiff upon said note and NOR
tgage marked Exhibit A., and of said
complaint made q part. and that the
said defendants and all persons claim
'ns under said defendants. subsequent
to the execution Of said MORTGAGE, either
as purchasers. encumbrancers. mort
sasees. assienees or otherwise may he
orever barred and foreclosed of all rights.
claims or equities or redemption IN r.
o the said real estate, lancs and prer,-
.sfs, and every part and parcel tn e"s If.
md that the plaintin may have ia zig
ment and execution against the SAID
defendants, Albert Muzinski and MAJ,
Muzinski. husband ana wife, for any de
Aclency which ma remain a.,nal sad
y 'e or mortgage described in said CO..
plant, after applying all ,he pro.e.eGs OF
he sale of said mortet,.scl lAn1s and
premises properly applicable 10 lie sat
l%sfaction of said mortgage and said
Judgment.
That the said defendants. Max Ior
biecki, Mary Polak and John Polak, her
husband, and w. G.. Schultz, be adjude-
I'd 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, ana that they and
zach of them be forever barred and fore
closed of all rights OF equities of re
Sernrticn 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 al
sale of said mortgaged real estate,
'ands and premises, and that the Sheriff
execute a deed to the purchaser or pur-
chasers. and that the purchaser or pur-
nhasers may be let into possession Of
the said m~ortgaged lands and premises