Montana labor news., 1935-06-06


In the District Court of the Second Judicial
District of the State of Montana, in and
for the County Of Silver Bow.
DENNIS CLARK, Plaintiff,
LILLIAN MAE BENEFITS, LILLIAN MAE
BENEFITS as Administrators of the Es-
tate of Thomas BENEFITS. Deceased, JOHN
BENEFITS, ZERUAH BENEFITS, HOW
ARD ]. ALGER and TERESA c. ALGER,
Defendants.
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. there
of upon the plaintiffs attorney within ~
days after the service Of this summons ex-
elusive of the day of service; and in case
of your failure to appear or answer, Judg-
ment will be taken against you by default
for the relief demanded in the complaint.
GENERAL STATEMENT OF THE NATURE
OF THE ACTION
Plaintiff alleges that the above-named de-
PENDANT Lillian Mae BENEFITS and Thomas
BENEFITS, deceased, gave a note and mort
gage to S. Virginia Wheeler for sl,6OO.OO
on May 7, 1919, payable in five years, which
note and mortgage was thereafter assigned
to plaintiff from 5. Virginia Wheeler by
and through her attorney-in-fact w. a.
kemper, and at the time this suit was
brought, he alleges himself to be the own
er and holder Of the note and mortgage;
that the heirs Of Thomas Benefits, deceased,
are said Lillian Mae Benefits, his widow
John BENEFITS and Zeruah Benefits, his
father and mother; that the note was sec
ured by a mortgage on Lots One and Two
in Block 90 Of the DAILY ADDlllON AN
MEX, to the City Of Butte, Montana, &C
cording to the official plat and survey
thereof on file in the office Of the Clerk
and Recorder Of Silver Bow County, Mon
tana; that the defendants Howard Algel
and Teresa c. Alger, after the death OF
Thomas BENEFITS and after the defendant
Lillian Mae Benefits was appointed admin.
i~stratrix of his estate by the above-nameo
court, agreed to purchase the real estate
herein described for $4,000 and to fin
ally make payment of the same or or be
fore August 9, 1880, all Of which was don'
subject to the note and mortgage referred
to. Plaintiff also alleges that the deten'
dant Lillian Mae BENEFITS individually anc
as administrative, and also the defendant
| Howard j.. Alger and Teresa C.. Alger hav'
failed to pay the note and mortgage anc
that the two latter have forfeited their in
terest in the agreement to purchase thu
afore-described PREMISES the mortgage pro
vides that the mortgagors and the Algerl
should keep the premises free from taxes
Plaintiff alleges that the taxes are delin
quent for the years 1882 and 1888. Plain
tiff also alleges that there is now due, ow
ing and unpaid from Lillian Mae Bennett
individually and as administrators, and iron
the Algers $1,000 with interest at the rat
of 10 per cent per annum from May -
torney's fees and $fl.6O for c%ontinuatioi
of abstract Of title. Plaintiff asks for tn
sale Of the premises in satisfaction OF tn
debt and court costs and sheriff. cost:
and that the sheriff place the purchaser a
the sale in possession Of the premises.
WITNESS my hand and the seal Of sal
Court. this 18th day of May, A. D., 1885.
(SEAL)
f. P. KELLY, Clerk.
By MARY O'BRlEN, Deputy Clerk.
TIMOTHY NOLAN,
Butte, Montana,
Attorney for Plaintiff.
First Publication May %. l935-4T.