The circle banner. [volume] (Circle, Mont.) 1914-1939, 1924-08-08
ALIAS SUM MONS

IN THE DISTRICT COURT OF TIL
SEVENTH JUDICIAL DISTRICT
OF THE STATE OF MONTANA
IN AND FOR THE COUNTY OF
McCONE.
FARMERS AND MERCHANTS
BANK OF FRAZER, corporation
Plaintiff
REUBEN A. BROWN, LENORA
BROWN, also known as Mrs. l.. c
Brown and Laura Brown. PETEE
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.
| DANTS:
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 thereon 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
Judgment will be taken against you
by default, for the relief demanded
in the complaint.
This is an action to foreclose a
mortgage given by the defendant,
Reuben A. Brown, to the plaintiff,
on December 4,s1919, recorded in the
office of the County Clerk of Nc
Cone County, Montana, in Book 3
of Mortgages page SO. 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, Il. NJ
NJ, 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 0, 1921.
recorded in the office of the said
County Clerk, in Book of Mort.
cages, page 159, so that it 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 Go; and the |
other on the mortgage recorded IN
Book of Mortgages, page 1853. |
Judgment is asked on the first
cause of action against the defen-
1ant, Reuben A. Brown. for S500.00 |
with interest at ten per cent per
annum from December 4. 1919, less
s2S.75 paid July l, 1920 and $12.y5 |
paid October 4. 1920; $4,000 attor.
neys fees. $3.50 paid for abstract
and plaintiffs costs; and on the
second cause of action for 1887. 81 /
with interest on s2072.00 at ten per
cent per annum from December %, !
1921 to September %, 1922 less
s163.50 paid September %, 1922, on
s93011 from September 20, 1922 to
Nay II, 1923, and on $S8761 from
Nay 10, 1928; $4,000 attorneys L
ees and plaintiffs costs. On eacn
;ause of action judgment is asked
against all the. dfendants, that the
Judgment be declared lien upon
he mortgaged premises under The
described in the cause of
lction; that the said mortgage be
oreclosed and the premises sold at
heriff's sale; that plaintiff may be
purchaser at such sale; that the
purchaser have the rents and pro-
It's of the .mortgaged premises dur {
ne the year of redemption; that
he rights, titles, claims, interests
r liens of the defendants or any OF
hem, in, to or upon the premises or
ny part thereof be declared inferior
D the mortgage and the defendants ,
AIRED and foreclosed thereof, includ-
lg equity of redemption, and for
UGH other relief as the court may
eem equitable. On each cause OF
ction Judgment and execution for
ne deficiency, if any, remaining
fter sale is asked against the defeu-
ant, Reuben A. Brown.
WITNESS my hand and the seal !
said Court this End day of July.
924.
-uURT SEAL)
C. F. CAMPBELL, Clerk.
IURLY & KLINE,
ttorneys for Plaintiff,
lasgow, Montana.
lrst publication July 25th, 1924 =