The Sidney herald., 1963-07-24

LEOAL NO1lOES
In The District Court of the Seventh
Judicial District OF The State Oh
. Montana, In And For The County
OF Richland
No. 7758
The State of Montana, Acting
BY And Through Inc State
highway Commission OF the
State OF Montana, P1alntlltt VS.
CLARENCE ELLWELN, and hls
wife, If any, OF Los angeles, Cal
ifornia, Defendant.
SUMMONS
FOR PUBLICATION
THE SnArE OF MONTANA TO
THE ABOVE-NAMED DEFEND
ANTS:
You are HEREBY summoned to lie
ana serve upon Lne aoOve-naIneu
PIaInJIIL an answer u The OolA-
pant IN unlS acGIon when as on
lie nereLn, VVatnln n1Ueen (1o) days
1rOm the uaUe Oh service OI IlA-s
summons ana to appear De1ote
uae aOoVe-enutled OourJ at InS
courtroom Oh UAe courthouse IN
sidney, n.IchIand County, MONTANA
on the I4Ln Gay or August, 1Soo'
AT the hour OF u0:VU o'cIocK AM
of said Gay, then and Inere TO
snow cause, If any you nave Wny
the properly described IN Flalil-
tlft's COMPLAINT ana hereinafter
described. SnouId not oe coIlueIllleu
as prayed Tor In the FIalnIl11
connpla.nI. The answer Of
eacn appearing defendant must
contain d SPECIFIC allegalon dS 70
tne toIal amount winch Sucn OS-
fendant CLAIMS is reasonable anu
lusL Tor tne taking Oh Such De
tendanJS' lands or oIner read prop
erty or interest therein. inns acLon
is brought to condemn, 1or lne
State highway purposes, the Hollow
ing described real property, Slt1ateu
in RlcnIand County, montana; anu
owned or claimed TO be owned, Dy
the properly owners hereinafter
.ueScnDeo, to-WlL: ,nro,
Description OF TAKING
lUc5 plus 42.8 to l04 plus 800
A tract of land in Lot /, BLOCK
of Kenoyer'S First Addition TO SID
nev. Montana, in Secuon 35, Town
ship z3 North, Range % taSe'
M.p M, Richland County, Montana
more particularly described as tol-
lows: oo eoot
of said Lot i, Block z, lying on the
northerly side OF line Whlch Is
parallel to and 80 feet dlStant
southerly when measured at right
angles from tine following deScrlD-
ed center lime: beginning at
point on the center hne on Lhe
naonuana State hIgnWay ProJecI
NO. , 5o9(1J, when Salu POM Is
North 5zoI.o leet, and East 4oOo.o
teet, more or less, from the South
Quarter corner Oh SaIu Secuon oo'
thence from the Salu polnI OF De-
GINNING south % degrees o. west
oIz teet, more or less, 10 po11l1
on the center line or The Montana
state Highway PROJECT NO. > 5o9(zb
which Sald point Is Nortn ozo1.o
feet, anu East Izl9.o teeL, more OF
less. from the Souuh quarter cor
ner OF said SecIion 50, ana con-
tanning IN All Ei4 square teeL'
more or less. v-,o,
r,nCEPTlNII AND RESERVING
theretrom, however, all rights 70
gas, oil and minerals DenedCn the
surface of the aDoVe-deScrlDed pre-
nlses. together with the rlgnC to
extract Lne same, provided tnal
in the exercise OF such rlgnt, Gne
surface LnereoI shall not be entered
upon. DISTURBED, lntertered with, OF
In anyWlSe damaged, and ina
rughls 10 rock, gravel, or othel
road building or full material L
not HEREBY excepted or reserved.
The above described tract U
land does not IN itself conStltut'
an entire tract OF land, but is Onl.
a part of a larger tract OF lano
l'ne interest in the above-deScrlb
ed tract of land sought TO D.
condemned is a IT interest: san
1T interest being owned, or clam
ed to be owned, by CLAARENCl
ELLWEIN and his wife, If any,
Los Angeles, California.
You are hereby notified that
YOU fail to serve and file an An
swer as hereinaboVe provided, an
fail to appear before the CouI
at the time and place here1nabov
specified and show cause why tn
property hereinabove describe
Should not be condemned as praye
for in the Complaint which hs
been filed i'm the office of tn
Clerk of this Court, your defau
Plaintiff will apply to this Coul
for the relief demanded in sal
Complaint to which reference
GIVEN UNDER MY HAND AN
SEAL in the District Court
the Seventh Judicial District {
the State of Montana, in and fl
the County of Rlchland, THIS i
day of July, 1868.
Seventh Judicial District
Alma Murphy, Clerk
Court Seal
FORREST H. ANDERSON,
Attorney General of the State
Montana
DONALD D. MACPHERSON
DANIEL J. SULLIVAN
WILLIAM E. OIEARY
ROBERT A. TUCKER
X M. BRIDENSTINE
HARRY c. ALLEY
RICHARD w. ANDERSON
d. r. MATTHEWS
GARY l.. BEISWANGER
Special Assistant Attorneys
General of the State of Nontan
Helena. Montana
ATTORNEYS FOR THE PLAT
TIFF
publish July 10, II and
1861