Montana labor news., 1936-07-16
No. 3613l
cIfMMONS ny PUBLICATION


In the District Court of the Second Judicial
District of the State of Montana. in and
for the County of Silver Bow.
HERMAN RUNDBLADE, Plaintiff,
w. l. kennedy. wINNlFRED NJ. KEN
NEDY and GEORGE W. LINCOLN,
Defendants.
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 ~
days after the service Of this 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.
A general statement of the nature OF
the action is as follows; That on July 10,
1917. defendants. W. ]. Kennedy and Win.
nifred Nj. Kennedy, made, executed and
delivered to Herman F~ahrman, their prom
issory note for 100000, with interest there
on at the rate of 10 per cent per annum,
due three years after date thereof, and also
a real estate mortgage on the east one-halt
of Lots and 2 in Block 81 of the Original
Townsite of Butte. Montana. as security
for the payment of said promissory note;
that on August II, 1928, said Herman Fab
man duly sold, assigned and transferred
said note and mortgage to plaintiff, who is
now the lawful OWNER anu nOlQtf LlticoiI
that said note and mortgage were renewed
and extended by affidavit duly made and
executed on July Il, 1928, and that said
mortgage assignment of mortgage and
renewal and extension of mortgage are re-
corded and on file in the office OF the
County Clerk and Recorder of Silver Bow
County, Montana; that there is now due,
owing and unpaid from said makers of said
note to plaintiff, the sum Of 100000, prin-
cipal, $tl05.65, interest, $500, for con-
ttpIaffOn and pxfanuf0n nt abstract nj title
and a reasonable attorney, to-wit, the sum
of $4,000, for the commencement and in
s%titution of the above named suit.
That the defendant George w. Lincoln
claims some interest in and to the said real
property, mortgaged as above described
but that any right, title or interest in or
to said real property of defendant George
W. Lincoln, is inferior and subsequent to
the real estate mortgage of the plaintiff;
Plaintiff prays judgment against defen-
dants, W. j. Kennedy and Winnifred M.
Kennedy for said sum of s5i23.65, and for
foreclosure of said mortgage, and for sale
of said real property and that the purch-
aser thereof be let into possession upon
production of sheriff's certificate OF salei
and that the defendants and all persons
claiming under them subsequent to the ex-
ecution of said mortgage, be forever barred
and foreclosed of all right Of redemption in
said premises or in any part thereof; that
defendant George W. Lincoln be decreed
and adjudged to have no right or title or
interest in said real property or in any
part thereof. so far as plaintiff is concern
ed and that he be barred from claiming any
right or title therein; that plaintiff recover
his costs and all just and proper relief in
the premises.
WITNESS my hand and the seal of said
Court this lst day of July, A.. D.. 1886.
COURT SEAL)
F. P. KELLY. Clerk.
By P. II. SULLIVAN. Dep. Clerk.
A. ROTERING,
for Plaintiff.
First Publication Iuly End, l936-4T.