The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-04-24
MARION & FOOR
BY ARLIE NJ. FOOR,
DJ @@4sN~A. - = ~
Attorneys for the Plaintiff,

BY ARL1E M. FOOR,
Attorneys for the Plaintiff.
However, while this made a ges-
ture to correct the unfortunate
blunder, NOTHING was done
about the allegation in paragraph
10 of the pleading if the reader
will refer back to the pleading
printed in the Producers News in
the issue of April 10. This para
graph as it now stands is very
strange and contradictory.
1t reads:
''That the defendant, Ada Cal
lahan :. claims some right
title and interest or lien, in and
too said premises, but that such
right title, claim or interest is
inferior to the plaintiffs mort
gage, and subsequent in right to
the lien thereof :"
The contention is hardly correct
in regard to Mrs. Callahan's (who
did not sign the mortgage) inter
est in the homestead-for her IN
terests remain secure.
If YOU refer back to the letter
from Marion & Foor published in
last weeks Producers News, in
April II issue, you will not the
final statement:
eff there are any others,
(errOrs) we shall be more than
pleased to correct them prompt
ly."
Now if the reader will again re-
fer to the pleadings, and to para
graph 8, he will read the allega-
ton:
''That the defendant Hurschel
ii. Callahan, is in default of the
terms, provisions and conditions
Of the aforesaid real estate
mortgage, and by virtue thereof
the plaintiff herein is entitled to
have the mOrtgaged premises
sold, and the proceeds received
from the sale of the same ap-
piled upon the payment of the
Indebtedness of the said defent-
ant Hurschel III. Callahan, to the
plaintiff herein as hereinbefOre
set forth"
Now, Hurschel Callahan says
this statement is as false as the
statement in paragraph 2, that he
was a single man at the time the
mortgage was signed, and just as
much in error, for he, Callahan
has paid the note in full as set
forth before, and that Carl Bull
knows the note is paid, and had
promised to return him his papers,
which promise he did not keep.
So now if Bull and his attorney
are in good faith in their promise
to correct errors, the next honest
thing for them to do is to dismiss
the entire fraudulent mortgage
foreclosure with the note marked
paid in full as of the deal made on
that July day after the failure OF
the Farmers and Merchants State
Bank, when Callahan made the
final payment on the offer Of Ball
and file a release of the mortgage
with the county clerk and recorder
Of Daniels county-and thus cor
rect the one big error of tbs
whole mortgage foreclosure pro-
cedure.
When Callahan left for Sunny
side, Washington, in the autumn
Of 1884, he left all his papers anC
receipts covering years of his bust.
ness transactions in his house
When Fletcher returned in Apri
1885 TO start the Spring work anC
found Art Blase on the Callahan
farm and in his home, he found
some papers with the furniture
which papers he took, but the bull
OF the old records had disappeared
Those he found had been preserved
by oversight evidently. No doub
Carl Bull knew all about this, anC
that was the reason he forecloseC
with such assurance-he thought
all the records had been destroyed
by his tool on the Callahan farm
Art Blase, whom there is no doub
but that he was instrumental il