Fergus County Democrat., 1916-06-22

IN the DlStrlct Court OF the Tenth Ju-
dicial District of the State of Mon
tana, in and for the County of Fer
gus.
Ubet Land Company, Plaintiff, vs..
Robert Gray; Annie Gray, his wife
w. j. Bruce; Georgina Bruce, his wife
and Peter ]. Osweiler, Defendants
Summons.
The State of Montana sends greet
ing to the above-named defendants
You are hereby summoned to an
swer the complaint in this action,
which is filed in the office of the Clerk
of this Court, and to file your answer
and serve copy thereof upon the
plaintiffs attorneys within twenty days
after the service of this summons, ex-
elusive of the day of service; and in
case of your failure to appear or an
swer. judgment will be taken against
you by default, for the relief demand
ed in the complaint.
That said action is brought by the
plaintiff for the purpose of foreclos-
ing certain mortgage hereinafter de-
scribed, which said mortgage is more
fully described in plaintiffs complaint
on file in this action, reference to
which is hereby made, that certain
mortgage executed and delivered by
the defendants, Robert Gray, Annie
Gray, w. ]. Bruce and GeOrgina Bruce
to the plaintiff herein on the seven
teenth day of June, 1915, to secure the
payment of five promissory notes, all
dated June 18th, 1915, whose principal
sum amounted to Forty-six Hundred
Dollars, each of said notes bearing in
terest at the rate of eight per cent per
annum from date until paid, with in
terest payable annually; all Of said
notes being signed by the defendants
Just hereinbefore mentioned and being
made payable to the plaintiff herein.
The property described in said mort
gage is the southeast quarter of Sec
tlon thirty-five, township twelve north,
or range fifteen east, together with all
and singular the hereditaments and
appurtenances thereunto belonging or
in anywise appcrtaining.
Said mortgage was filed for record
in the office of the County Clerk and
Recorder in and for Fergus County,
Montana, on the twenty-ninth day of
June, 1915, at 10:45 o'clock a. m,.
where 1t now appears as matter of
record in Book 22 of Mortgages on
page 80.
Plaintiff alleges in it's complaint that
no part of the interest or principal on
said notes has been paid; that the
plaintiff elects to take advantage of
the option provided in said mortgage
and declares all of the said notes Sc
cured by said mortgage as now due
and owing. and prays for Judgment
against the said defendants, Robert
Gray, Annie Gray, w. j. Bruce, and
Georgina Bruce. for the sum of Forty
six Hundred Dollars, together with in
ferest thereon at the rate of eight per
cent per annum, payable annually
from June 18th, 1915, and for -Four
Hundred Fifty Dollars attorneys fees
and for the costs of this action; and
that the said mortgage be foreclosed
that the usual decree be made for the
sale of said premises described in said
mortgage by the sheriff of the said
county OF Fergus, according to law,
and that the proceeds of said sale may
be applied in payment of the amount
due to the plaintiff: that the said de-
PENDANTS Robert Gray, Annie Gray,
his wife, W. J. Bruce, Georgina Bruce,
ms wife. and Peter ]. Osweiler, and all
persons whose claim is subsequent to
N''> SSNNtuNAoh vi Sdlu mortgage, oltneT
as purchasers, incumbrancers or 9TH
erWise, may be barred and foreclosed
OF all right or claim and equity of re-
demption of said premises, and every
part thereof. and that the said plain
tin may have judgment and execution
against the defendants, Robert Gray,
Annie Gray. his wife, w. ]. Bruce. and
Georglna Bruce, his wife, for any de-
nclency which may remain after ap-
plying all proceeds of the sale of said
premises; that the plaintiff or any
other party to this suit may become a
purchaser at said sale. and that the
sheriff shall execute a deed to the
property described in said complaint
and sold in this foreclosure to the pur-
chaser or purchasers at said sale, and
that the purchaser or purchasers may
be let into the possession of said real
estate upon the production of the
sherih's deed therefor, and that the
plaintiff may have such other and fur
ther relief in the premises as to this
Court may seem just and equitable.
Witness my hand and the seal of
this Court, this 10th day Of June. 1916.
tCourt SeaD JAMES L. MARTIN,
Hlorly