The producers news., 1922-11-03

be made In the payment OF principal
and interest of said promissory note
the said mortgage might be foreclos-
ed and the premises sold in satisfac
ton of the amount found due and
owing including costs and attorney
fees; That $250.00 is a reasonable at
forneys fee according to the cross
complainant to be allowed herein, That
the said note is long past due; That
F. G. Fishbeck and w. r. Jarvis, CO.
partners doing business as Fishbeck
& Jarvis, claims some interest to the
mortgaged premises by reason of
mortgages given them by William II.
kellum and Naomi Kellum, and also
claim some interest by reason of a
said premises, but this cross complain
ant alleges that the said mortgages
are inferior to her claim herein and
that the Sheriff's certificate and Sher-
ifs deed are void because the decree
of foreclosure an order of sale did not
specify what amount was due them
under each mortgage and note, taxes
and attorney fees but that the said
decree contained merely lump sum,
and that said decree made no provi-
sion where encumbrancers might re-
deem, If subsequent in time 20 one
mortgage but not as to the other and
that said decree does not give to re-
demptioners the right to redeem from
one mortgage without redeeming from
both; That the said mortgages last
mentioned here dated December Is,
1913 and October Z, 1914, respective
" and duly recorded in Sheridan
County, Montana, and that by virtue
of cross eomplainant's mortgage here
and above referred to, the mortgages
of the said Fishbeck & Jarvis are sub
sequent and inferior thereto.
That for cross. condplainant's second
defence and cause of action under the
cross complaint she alleges that the
said Kellums on January IA, 1914
executed and delivered to T. C. Kelly
certain note and mortgage mortgag-
ing the real estate above described for
100000 said note payable October /,
1914, with interest at II per cent per
annum, which said mortgage was
duly recorded in Sheridan County,
Montana, on January "A, 1914, in Book
90 of mortgages, page II; Mortgage
provided that in case of default in
payment Of either principal or inter
est mortgage might be foreclosed,
premises sold for the amount found
due and owing, together with attor-
ney's fees and costs; That the cross
complainant is asking for $4,000 at
torney fees herein; that the said note
is long past due and no part has been
paid; that by virtue. of certain assign
n1ents the cross complainant is now
the owner and holder of the said note
and Mortgage; That the said plain
tiffs, F. G. Fishbeck and w. r. Jar
Wis, co-partners, doing business under
the name and style of Fishbeck & Jar
Wis have two mortgages on said
premises as above stated executed by
the said Kellums; That the said mort
gage to them dated October 7, 1914,
is subsequent to the lien of this cross
complainant by virtue of her mort
gage; That this cross complainant al
leges that any claim of the said Fish
beck & Jarvis may have in and to said
premises by virtue of their said mort
gage dated December 16, 1918, or
under their decree Of foreclosure an
order sale or Sheriff's certificate or
deed is subsequent to the claim of
this cross complainant, for the reason
that the said decree and order and
said certificate and deed are void by
reason Of the fact that said decree and
sale did not specify the amount due
them under said notes, taxes paid and
attorneys fees, but thai the said de-
cree merely stated q lump sum; That
the said decree does not provide that
one of said mortgages could be re-
deemed from without redeeming from
both and that said cross compliments
predecessor in interest did not have
the right to redeem from the first of
said mortgages without redeeming
from both; That the said mortgages
were dated as here and above men
toned; That cross complainant asks
for the amount due hereas provided
in said notes and mortgages; That
the premises be foreclosed upon to
pay the amounts SO due and owing
together with costs and attorneys
fees; That if from said sale the pro-
eeeds are not sufficient to satisfy the
first mortgage that cross complainant
have judgment for the deficiency, but
that if sufficient to Satisfy the first
and not the second thai she have iudg-
ment for such deficiency; That all
persons claiming subsequent to her be
barred and foreclosed of all interest
to the said lands; That the Court find
amount due under each mortgage and
that it be provided in the DEGREES and
order of sale that all who are redenp-
tioners under the first mortgage and
whose liens are prior to the said sec
ond mortgage may redeem by paying
the amount due on the said first mort
gage; together with interest, costs
and expense of sale: That the Court
hold that the decree heretofore given
wherein w. r. KeIlum Ct al were
plaintiffs and Fishbeck & Jarvis, ct.
81, were defendants are void and Of
no effect, and that cross complainant
have her costs and disbursements
herein incurred
Witness my hand and seal Of said
Court this 10th day Of October. 1922.
(SeaI) c. 3. PETERSON,
Clerk Of Court
I. A. BROWN,
Froid, Montana.
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