Montana labor news., 1935-06-13
No. 1854



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 NAE BENEFITS. LILLIAN MAE
BENEFITS as Administrative Of the Is
tate Of Thomas BENEFITS, Deceased, JOHN
BENEFITS, ZERUAH BENEFITS, HOW
ARD J. ALGER and TERESA c. ALGER,
The State Of Montana Sends Greetings to
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 20
days after the service Of this mmon ex-
elusive of the day of service; and in case
of your failure to appear or answer, iudg-
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,oOO.0O
on May Z, 1919, payable in five years, which
note and mortgage was thereafter assigned
to plaintiff from S. Virginia Wheeler by
and through her attorney INTACT, W. A.
kemper, and at the time this suit was
brought, he alleges himself to be the own
er and holde 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 % of the DAILY ADDITION AN
MEX, to the City of Butte, Montana, ac-
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 Alger
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-named
court, agreed to purchase the real estate
herein described for 100000 and to fin
ally make payment of the same on or be-
fore August 9, 1880, all of which was hone
subject to the note and mortgage referred
to. Plaintiff also alleges that the defen-
dant Lillian Mae BENEFITS individually and
as administratrix and also the defendants
Howard J. Alger and Teresa {. Alger have
failed to pay the note and mortgage and
that the two latter have forfeited their in
terest in the agreement to purchase the
ore-described premises; the mortgage pro-
vides that the mortgagors and the Ayers
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 BENEFITS
individually and as administrators, and from
the Algers 81 900 with interest at the rate
of 10 per cent per annum from May 49,
1888, to entry of judgment, $4,000 at
torney's fees and $1l.00 for continuation
of abstract Of title Plaintiff asks for the
sale of the premises in satisfaction of the
debt and court costs and sheriffs costs,
and that the sheriff place the purchaser at
the sale in possession Of the premises.
WITNESS my hand and the seal of said
Court this 18th day of May, A, D., 1885.
F.. P. KELLY, Clerk.
BY MARY O'BRlEN, Deputy Clerk,
TIMOTHY NOLAN,
Butte, Montana,
Attorney for Plaintiff.
First Publication May %, l935-4T.