The circle banner. [volume] (Circle, Mont.) 1914-1939, 1924-08-15
ALIAS SUM MONS

IN THE DISTRICT COURT OF THE
SEVENTH JUDICIAL DISTRICT
OF THE STATE OF MONTANA
IN AND FOR THE COUNTY Oh
McCONE.
FARMERS AND MERCHANTS
BANK OF FRAZER, a corporation
Plaintiff
REUBEN A. BROWN, LENORA
BROWN, also known as Mrs. L. G.
Brown and Laura Brown, PETER
MILLER, MRS. PETER MILLER
MON TEX OIL CO, corporation
also known as Montex Oil Company
"a corporation,
Defendants
THE STATE OF MONTANA TO
THE ABOVE NAMED DEFEN-
DANTS:
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 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,
u n A To 1oi inf
on December 4, 1919, recorded in the
office of the County Clerk of Nc
Cone County, Montana, in Book 8
of Mortgages, page .610. 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
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. M. NJ
The plaintiff also seeks to reform a
mortgage given by the defendants
Reuben A. Brown and Lenora Brown
to plaintiff, on February 8, 1921,
recorded in the office of the said
County Clerk, in Book of Mort
cages, page 1853, 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 610 and the
other on the mortgage recorded IN
Book 5 of Mortgages, page 15y.
Judgment is asked on the first
cause of action against the deren-
dant, Reuben A. brown, for $4,000
with interest at ten per cent per
annum from December 4, 1919, less
$2S.75 paid July /. 1920 and $3.50
paid October d. 1920; $4,000 attor
neys' fees, $3.50 paid for abstract
and plaintiffs costs; and on The
second cause of action for $88761
with interest ON $2O72.0O at ten per
cent per annum from December %,
1921 to September %, 1922, less
s163.5O paid September %. 1922. on
$930.11 from September %, 1922 to
May IL, 1928, and on $SS7.61 from
May II, 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 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
sheriff's 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
or liens of the defendants or any of
them, in, to or upon the premises VI
any part thereof be declared inferior
to the mortgage and the defendants
barred and foreclosed thereof, includ-
ing equity of redemption, and for
such other relief as the court may
deem equitable. On each cause OF
action judgment and execution for
the deficiency, if any, remaining
after sale is asked against the defen-
dant, Reuben A. Brown.
WITNESS my hand and the sea-
of said Court this End day of July.
1924.
COURT SEAL)
c. f. CAMPBELL, Clerk.
HURLY & KLINE,
Attorneys for Plaintiff,
Glasgow, Montana.