Fergus County Democrat., 1916-09-28
THURSDAY, SEPTEMBER 40, 1916
ALIAS SUMMONS.

AItAS SOM NUNS.
In the District Court of the Tenth Ju.
dicial District of the State of Mon.
tana, in and for the County Of Fer.
gus.
c. E. McKoin, plaintiff, VS.. Sanford G.
Rogers, Frances E. Rogers. his wife;
j. M. Vrooman, Judith Hardware
Company, corporation; J. c. John
son and Cora L. Smith as executrix
of the estate of James M. Smith, de-.
ceased, defendants.
The State of Montana sends greetings
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, copy of which
is herewith served upon you, and to
file your answer and serve a copy
thereof upon the PLAINTIFFS attorneys
within twenty days after the service
of this Alias Summons, exclusive of
the day of service; and in case of your
failure to appear and answer, judg.
ment will be taken against you by
default for the relief demanded in the
complaint
The said action is brought to OBJ.
tain decree Of this Court for the
foreclosure of a certain mortgage, de.
scribed in the complaint and executed
by the defendants, Sanford G. Rogers
and Frances E. Rogers. his wife, to
the above-named plaintiff. c. E. NC
Koin, covering certain real property
situated in Fergus County, Montana.
and particularly described in said
mortgage and the complaint on file
herein, given to secure the payment
of two certain prOmissOry notes, made
by the defendants, Sanford G. Rogers
and Frances e. Rogers, his wife, afore-
said, to the above-named plaintiff, c..
T.. McKoin, one of the said notes be-
ing dated June 26, 1913, payable one
year after date, and the other of the
said notes being dated July 3, 1913,
and payable one year after date, each
of the said notes being in the sum of
$1,000 and each bearing interest at
the rate of 10 per cent per annum
Until paid. interest payable semi-an
nually and providing for attorney
fees; that the defendants, Sanford G..
Rogers and Frances E. Rogers, are
entitled to a credit Of $656.S1 on the
said promissory notes by reason Of
failure of part Of the consideration
of said notes, and also for the payment
of interest for the first six months
on each of the said promissory notes.
and that there is now due and unpaid
on this date on the said Dromissory
Nntn <hN Nf tn0n%hnr
with the taxes advanced by said plain
tiff amounting to $57.73, and the fur
ther sum of $3.50 as attorneys fees on
said notes, and judgment is asked
against the defendants, Sanford G..
Rogers and Frances E. Rogers and
each of them in the sum Of $1,871.85,
and interest thereon at the rate of
10 per cent per annum from this date,
and the further sum of $5773 advanced
for taxes as aforesaid, and the further
sum Of $3.50 as attorneys fees; that
the said mortgaged premises described
in the said mortgage may be sold and
the proceeds thereof applied to the
payment of the said amounts prayed
for in the complaint, and in case the
proceeds of said sale are not suffi
cient to pay the sum claimed in the
said complaint, then to obtain de.
ficiency judgment against the said
defendants, Sanford G. Rogers and
Frances E. Rogers, his wife, for the
balance remaining unpaid, and that
the said defendants and all persons
claiming by. through or under them.
or any of them, may beforever barred
and foreclosed of all right. title, claim,
lien, equity of redemption and interest
in and to said premises and each and
every part thereof and for general re.
lief, all of which is more fully set
forth in the verified complaint on file
herein, to which for greater certainty
your attention is hereby drawn.
Witness my hand and the seal of
this Court, this 14th day of September,
1916.
JAMES L. MARTIN, Clerk.
By ALVIN MARTIN, Deputy Clerk
BLACKFORD & HUNTOON,
Lewistown, Mont, Attorneys for Plain.
tiff.
9-21-4t