The Sidney herald., 1963-07-17
LEGAL NOTICES


Judicial District OF The State OF
Montana, In And For The County
OF Richland
No. 1883
The State of Montana, Acting
BY And Through The State
Highway Commission of the
state OF Montana. Plaintiff VS.
CLARENCE ELLWEIN, and his
wife, if any. OF Los Angeles, Cal
ifOrnia. Defendant.
SUMMONS
FOR PUBLICATION
THE STATE OF MONTANA TO
THE ABOVE-NAMED DEFEND
ANTS:
You are hereby summoned to file
and serve upon the above-named
Plaintiff an Answer to the Com
plant in this action which is on
file herein, within fifteen (15) days
from the date of service of this
Summons and to appear before
the above-entitled Court at the
Courtroom of the Courthouse in
Sidney, Richland County, Montana,
on the 14th day of August, 1868,
at the hour of 1000 o'clock AM,
of said day, then and there to
show cause. if any you have, why
the property described in Plain
tiffs Complaint and hereinafter
as prayed for in the Plaintiffs
complaint. The Answer of
each appearing defendant must
contain a specific allegation as to
the total amount which such De-
fendant claims is reasonable and
Just for the taking of such De-
fendants' lands or other real prop
erty or interest therein. This action
is brought to condemn, for the
OH "
ing described real property, situated
in Richland County, Montana; and
owned or claimed to be owned, by
the property owners hereinafter
described. to-wit:
DESCRIPTION OF TAKING
IO3 plus 42.8 to 104 plus 800
tract of land in Lot 1, Block 2
Of Kenoyer's First Addition to Sid
ney, Montana, in Section 33, Town
shin % North, Range SO East.
M.P.M., Richland County, Montana,
more particularly described as fol-
lows:
An that land in the east 80 feet
Of said Lot /, Block 2, lying on the
northerly side of a line which is
parallel to and SO feet distant
southerly when measured at right
angles from the following descrlb-
ed center line: Beginning at a
point on the center line of the
Montana State Highway Project
No. S 389(2), which said point is
North 5261.8 feet, and East 1868
feet, more or less, from the south
quarter corner of said Section 49,;
thence from the said point of be"
ginning South 80 degrees So West,
872 feet, more or less, to point
on the center line of the Montana
State Highway Project No. S 389(2)
rrf, Ic e
feet, and East 1219.6 feet, more or
less, from the south quarter cor
ner of said Section 33, and con-
tanning in all 174 square feet,
more or less.
EXCEPTING AND RESERVING
therefrom. however, all rights to
gas, oil and minerals beneath the
surface of the a'bove-described pre-
mises. together with the right to
extract the same, provided that
in the exercise of such right, the
surface thereof shall not be entered
upon. disturbed, interfered with, OF
in anywiSe damaged, and thai
rights to rock, gravel, or other
road building or fill material Is
not hereby excepted or reserved.
The above-deScribed tract o-
land does not in itself constitute
an entire tract of land, but is only
q
The interest in the abOVe-deScrlb'
ed tract of land sought to bt
condemned is a 1T interest; sale
IT interest being owned, or claim
ed to I've owned, by CLARENCE
ELLWEIN and his wife, if amy, o
Los Angeles, California.
You are hereby notified that l
YOU fail to serve and file an An
Swer as hereinabove provided, anN
fail to appear before the Cour
at the time and place hereinabov
specified and show cause why tn
property hereinabove describes
should not be condemned as prayet
for in the Complaint which ha
been filed in the office of tn
Clerk of this Court, your defaul
viii be entered herein and IN
Plaintiff will apply to this Cour
for the relief demanded in sal
Complaint to which reference
hereby made.
SEAL in the District Court c
the Seventh Judicial District c
the state of Montana, in and fo
the County of Richland, this Is
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. OTFARY
ROBERT A TUCKER
K NJ. BRIDFNSTTNE
HARRY c. ALLEY
RICHARD w ANDERSON
y. r. MATTHEWS
GARY L. BFISWANGFR
Special Assistant ATTORNEYS
General of the State of Montan
Helena. Montana
ATTORNEYS FOR THE PLAT
TIFF
Publish July 10, II and z
1851