The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-04-10


mort ga0e. which said note is
and receive payment of the IN
debtedness evidenced and Sc
cured thereby, and to enforce
and foreclOse said mortgage Tor
the enforcement of the payment
thereof.
4
That the said obligation herein
set forth matured on the first day |
Of October. A. D. 1927, and eight |
wears having expired, the said
plaintiff herein, being the owner
and holder Of the said note ana
mortgage, duly filed in the office
of the Clerk and Recorder, OF the
County of Daniels, State of Mon.
tana, pursuant to the provisions OF
Section 1867 of the Revised Codes
of the State of Montana, 1921, ana
amendments thereof, providing for
the extension period of lien of said
mortgage, his affidavit Of extern
sion a copy of which is attached
hereto and marked Exhibit b.,
which affidavit was recorded on
the 7th dav of October, A. D. 1927,
at 2:21 o'clock P. NJ. in the office
of the Clerk & Recorder of Daniels
County, Montana, in Book IA ON
Page 159, of the records thereof.
s.
That among other things, it is
provided in and by said note and
mortgage, that in the event this
note is not paid at maturity the
undersigned agrees to pay ex-
penses of collection, including At
torney's fees; that it has become
necessary for the Plaintiff to en-
ploy, and the Plaintiff has EN-"
ployed. Messrs, Marion & Foor,
Attorney, duly admitted to prac-
tice before the above named Court,
to institute and prosecute this suit
for the recover of aforesaid in
debtedness and the foreclosure OF
said mortgage; that said Plain
tiff has covenanted and agreed to
pay to said Attorneys for such
services the sum of $4,000, which
plaintiff alleges is fair and
reasonable fee therefore that Plain
tiff is entitled to have and recover
Judgment herein against said de-
PENDANT, Hurchel H. Callahan, fol
such Attorneys fees.
3
6 That the defendant Hurchel II.
Callahan, is in default of the
terms, provisions and conditions
|. of aforesaid real estate mort
4 gage, and by virtue thereof the
! Plaintiff herein is entitled TO
= have the mOrtgaged premises
g sold, and the proceeds received
4 from the sale of the same ap-
4 piled upon the payment of the
indebtedness of the said De-
81 PENDANT, Hurchel III. Callahan, to
3 the plaintiff herein, as herein
n before set forth.
c. 10
That the Defendants, Ada Ca
lahan, also known as Mrs. II. +
&c Callahan, wife of the Defendan
" Hurchel H. Callahan; MauriC
lit Hanson, and the County of Daniel
State of Montana, a Body Polit
ke and Corporate, claim some rigE
title, interest or lien, in and I
said premises, but that such RICH
t title, claim or interest, is inferi
B to the lien of the Plaintiffs MOI
d gage, and subsequent in right
8 the lien thereof, and that the sa
Defendants are necessary and pr
. per parties defendant to this 3
tion.
3 WHEREFORE, Plaintiff pra
for judgment against the sever
Defendants herein, as follows:
icy /. Against the Defendant, HU
ng chel H. Callahan, in the sum
up $580.0O together with intere
led thereon, from and since the six
= day of April, 1918, at the rate
twelve per cent per annum.
lb- 2. Against the Defendant, HI
I'VE chel H. Callahan, in the sum
am $4,000 as and for Attorneys fee
and in the amount of Plaintiff
costs and disbursements herein.
8. For a decree of this Cou
adjudicating and determining, a
: and all rights, claims, title al
: A interest of the Defendants, A
IA Callahan. also known as Mrs.
H. Callahan, wife of the Defer
oys ant, Hurchel H. Callahan; Maur
tin, Hanson, and the County of De
en- iels, State of Montana, a Be
Polite and Corporate, in and
re. the premises herein involved, to
,e. subsequent and inferior to the L
of the Plaintiffs mortgage, a
authorizing, directing and orderi