The circle banner. [volume] (Circle, Mont.) 1914-1939, 1924-07-25
ALIAS SUMMONS


IN THE DISTRICT COURT OF THE
SEVENTH JUDICIAL DISTRICT
OF THE STATE OF MONTANA
IN AND FOR THE COUNTY OF
INCOME.
FARMERS AND MERCHANTS
BANK OF FRAZER, corporation
Plaintiff
REUBEN A. BROWN, LENORA
BROWN, also known as Mrs. l.. C
Brown and Laura Brown, PETER
MILLER, MRS. PETER MILLER
MON TEX OIL CO., a corporation
also known as Montex Oil Company,
a corporation,
Defendants
THE STATE OF MONTANA TO
THE ABOVE NAMED DEFEN-
IDANTS:
You are hereby summoned 10 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
copy thereof upon the plaintiffs at
torney within twenty days after the
service of this Summons, exclusive
of the day of service; and in case
of your failure to appear or answer
! by default, for the relief demanded
in the complaint.
This is an action to foreclose
mortgage given by the defendant,
Reuben A. Brown, to the plaintiff,
on December 4, 1919. recorded in the
office of the County Clerk of Nc
Cone County, Montana, in Book 8
of Mortgages, page 60 This mort
gage is being foreclosed as to the
following real property: East half
of the Southeast quarter of Section
thirty-one, South half of the South.
west quarter, Northeast quarter of
the Southwest quarter of Section
thirty-two, all in Township twenty
six, North, Range forty-three, E. Nj.
M, and Lots three and four in Sec
ton five, Township twenty-five
North Range forty-three E. Nj. Nj.
The plaintiff also seeks to reform a
mortgage given by the defendants
Reuben A. Brown and Lenora Brown
to plaintiff, on February 9, 1921,
recorded in the office of the said
County Clerk, in Book s of Mort
cages. page 159, so that 1t also
will be mortgage of the real pro-
perty above described the plaintiff
claiming that by mistake of all
parties to the mortgage it contains
an erroneous description. The
plaintiff also asks the court to fore
close this mortgage, when reformed,
as to the real property described
above. The complaint is divided
into two causes of action, the first
on the mortgage recorded in Book 3 |
of Mortgages, on page 610; and the |
other on the mortgage recorded in
Book 5 of Mortgages, page 1853. |
Judgment is asked on the first |
cause of action against the defen-
dant, Reuben A. Brown. for $4,000 |
with interest at ten per cent per |
annum from December A, 1919. less
$28.75 paid July 1, 1920 and $12.95 |
paid October A. 1920: $4,000 attor-
neys fees, $3.50 paid for abstract |
and PLAINTIFFS COSTS and on the I
second cause of action for $S87.6l
with interest on $207200 at ten per
cent per annum from December 22,
1921 to September %, 1922, less
$930.11 from September 20, 1922 to
May II, 1923, and on $8S76l from
May IL, 1923; $4,000 attorneys
fees and plaintiffs costs On each
cause of action judgment is asked
against all the dfendants, that the
Judgment be declared a lien upon
the mortgaged premises under The
mortgage described in the cause of
action; that the said mortgage be
foreclosed and the premises sold at
sheriffs sale; that plaintiff may be
a purchaser at such sale; that the
purchaser have the rents and pro
fits of the mortgaged premises dur {
ing the year of redemption; that
the rights, titles, claims. interests
Dr. liens of the defendants or any of
hem, in, to or upon the premises or
any part thereof be declared inferior
% the mortgage and the defendants
pared and foreclosed thereof, includ-
ng equity of redemption, and for
,uch other relief as the court may
1eem equitable. On each cause of !
action judgment and execution for
he deficiency, If any, remaining
lfter sale is asked against the defen-
liant, Reuben A. Brown
WITNESS my hand and the seal Il
# said Court this End day of July. !
1924. ~
COURT SEAL)
C. F. CAMPBELL, Clerk.
IURLY & KLINE,
attorneys for Plaintiff,
glasgow, Montana.
first publication July 25th, 1924 =