Montana labor news., 1939-05-11
No. 37346
L
In the District Court of the Second Judi
cial District of the State of Montana, in
and for the County Of Silver Bow.
WILLIAM DUNKEL, Plaintiff,

In the District Court of the Second judi
cial District of the State of Montana, in
and for the County of Silver Bow.
WILLIAM DUNKEL, Plaintiff,
MARGARET E. MORTON, Defendant.
The State of Montana Sends Greetings to
the b Named Defendant:
o are hereby summoned to answer
the complaint in this action, which IS
filed in the office of the Clerk of this
Court, a CODY of which is herewith served
upon you and to file your answer and
serve a copy thereof upon the plaintiffs
attorney within twenty days after the
service of this summons, exclusive OF the
day of service; and in case OF your failure
to appear or answer, judgment will be
taken against you by default for the re-
lief demanded in the complaint.
A brief statement of the cause of ac-
ton is as follows: Plaintiff alleges that
on or about the 9th day Of December,
1921, defendant made, executed and de-
liVered a promissOry note to Margaret Z.
Dobey for the sum of S2500.OO in the usual
form, payable two years after date and
providing for reasonable attorneys fees
in case of suit on the note; that to secure
the payment of the note the defendant
made, executed and delivered to the plain
tiff her certain real estate mortgage dat
ed on or about said date and m~ortgaging
the following described real property, sit
uate in Silver Bow County, Montana:
Lots 4 and 5 in Block 5 of the Davis
and Barnard Addition to the City of Butte,
Montana, according to the official plat
and survey thereof on file n of record
in the office of the County Clerk and
Recorder of Silver Bow County, Montana,
Together with appurtenances.
Said mortgage contained the usual COW
enants that the property granted was in
tended as a mortgage n if payment of
said note was made the same was void
but if defaulted the holder was emitted
to enter into said real property and TO
sell and dispose of same in the
provided by law for the sale of real estate
on execution. Also emitting the holder
to retain principal, interest and expenses
including attorney fees out of the pro-
coed Of said sale and to deliver to the
purchaser certificate of sale and deed with
all usual covenants contained in a mort
gage Of real property. Said mortgage was
renewed April 18th, 1890.
Plaintiff alleges that he is the owner
n holder of the note and mortgage; that
the same has not been paid; that there is
due the full principal sum together with
interest from the 18th day of April. 1882
on said note; that the entire principal
sum and interest is wholly due and I'M
paid since said date.
Plaintiff prays judgment for $500. 90
principal and interest until paid and rea-
sonable attorney fees and costs; that mort
gage be foreclosed sold under decree and
the proceeds applied according to law.
For full particulars see the complaint
filed in this cause.
WITNESS my hand and the seal of said
Court this 18th day Of April, A. D., 1889.
COURT SEAL
ELMER SHEA, Clerk.
BY D. F. HOLLAND, Deputy Clerk.
M. J. DOEPKER,
314 Owsley Building,
Butte, Montana,
Attorney for Plaintiff.
First Publication April 20, 1887.