The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1920-07-02
ALIAS SUMMONS

ALLAH OOM mIyCNS
In the District Court Of the Twen-
Montana, In and For the County Of
Sheridan.
T. G. KELLY, Plaintiff,
SHERIDAN COUNTY STATE
BANK, corporation, JOHN w.
SHELBY and T. L. BEISEKER,
THE STATE OF MONTANA
SENDS GREETINGS to the above
named defendants: You are hereby
summoned to answer the complaint in
this action which is filed in the office
of the Clerk Of this Court, a copy of
which is herewith served upon you,
and to file your answer and serve a
copy thereof upon plaintiffs attorney
within twenty days afte rthe service
Of this summons, exclusive of the day
of service; and in case Of your fail
ure to appear or answer, judgment
will be taken against you by default
for felief sought.
This is an action wherein plaintiff
alleges that on or about the l4th day
of February, 1914, she purchased for
good and valuable consideration the
following described real property
l.
NEA, and sen, and Lot z Of Section
6, and Me- NEA Of Section Z, Twp.
SO, North Range SIS E. M. NJ, Sheri-
dan County, Montana, said lands be.
ing conveyed to plaintiff by the said
Deed, duly filed for record; That at
the time Of execution and delivery of
said Warranty Deed, there were two
mortgages on said premises given by
said David Thompson, one in the sum
CT $4,000 and one in the sum of
5000. 40, to the Minneapolis Trust Co.,
a corporation; That said plaintiff pur-
chased from one, Mike Mckenna, on
CIR about the Sth day of December,
1913, the following described lands for
a good and valuable consideration:
Lots 3, 4, 5, and and SEA NWA
and E1a SWA, Sec. 6, and Lot l of
Sec. Z, Twp. sc North of Range SIS
E. M. NJ, Sheridan County, Montana,
said lands being conveyed to her un-
der Warranty Deed, duly filed for
record; That at the time of the exc
cution and delivery of the last men,
toned deed, there were two mort.
cages upon the said last mentioned
land, running to the Minneapolis
Trust Company, a corporation, one in
the sum Of $l5OO.OO and one in the
sum of 1908 40, said mortgages above
mentioned all being prior liens upor
the said lands; That on or about thu
tiff agreed, and did borrow from de-
PENDANT bank, through T. L. Beiseker
the sum of 100000, and to secure tn
payment thereof, mortgaged the salt
lands above mentioned, said mortgage
thereafter being duly filed for recor'
in Sheridan County, Montana; Iha
it was orally agreed that the said I
L. Beiseker and said Bank should re
tain the said 100000 to pay off tn
mortgages heretofore made upon sal
land by David Thompson and Mix
McKenna, and should the 100000 no
be sufficient, then the said Beiseke
and said Bank should retain othe
monies in the bank to the credi
of plaintiff sufficient to liquidate i
full the said mortgages in favor o
the Minneapolis Trust Company, an
that to compensate the said Bank, TO
satisfying and removing the encun
ORANGES on said land, plaintiff made
executed and delivered her mortgag
in the sum Of S8O5.OO on the sal
lands, to John W. Shelby, as commits
sions and in the payment of said Ban
the said Bank and the said Beiseke
held additional funds, over and abov
the said 100000, amounting to nc
less than S403972, making a tots
amount of S11O39.72 in the hands q
said Bank and Beiseker on the 25t
day of September, 1917, for the salts
faction of said mortgages to the Mil
neapolis Trust Company, or so muc
thereof as might be necessary; Ths
the said Bank and Beiseker did not sa,
isfy the mortgages on said land mad
by the said Thompson and McKenn
amounting to $3O3.4O, but wholly an
wilfully failed, refused and neglecte
to satisfy the said mortgages by sal
Thompson and McKenna each in tn
sum of S15OO.OO with intent to d.
fraud the said plaintiff; That the SUI
of $675O.O0 was ample to satisfy q
four of the said mortgages to tt
said Minneapolis Trust Company, an
the said Bank and Beiseker agreed
return to plaintiff any balance remaii
ing not needed to satisfy the sal
mortgages to said Minneapolis Tru
Company; That willfully intending
defraud the plaintiff, the said Bar
and Beiseker allowed the mortgage
to the Minneapolis Trust Company
the sum of $l5OO.OO each to be for
closed upon and the land as securit
thereof sold; That said defendan
we'll knew that said sale was made III
der said foreclosures, and that tin
to redeem therefrom expired Augu
18th, 1919, but willfully and maliciou
~ failed and refused to redeem Their
from, although having ample fun
belonging to plaintiff therefor; Tn
on the said 10Th day of August, 191
as plaintiff verify believes, the sd
Bank and Beiseker procured an a
signment of the Sheriff's Certifica
of Sale to the lands covered by Il
said David Thompson mortgage fro
Jack Bennett, Sheriff of Sherids
County, Montana, and that at the tin
of procuring said deed well knew tn
plaintiff had ample funds with viii
to make redemption Of said land, al
was under agreement to so redeer
That the said Minneapolis Trust Coz
pany foreclosed upon portion of t
IL