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ALIAS SUMMONS
In the District Court of the Fourth Judicial District the State Montana, in and for the County A. Lochrie, as Superintendent of Banks of the State of Montana, and ex-officio liquidating officer of the American Bank & Trust Company of Missoula, a corporation, Plaintiff,
Jesse R. Winn and VS. Rachel Winn, his wife; Mission Valley First National Bank of Ronan, Montana, and James M. Swan as Receiver of the First corporation, National Bank of Ronan, a The State of Montana Sends Greetings the Above Named Defendants: swer hereby summoned to anthe which filed in the this of the action Clerk of with this served Court copy which is hereupon you, and to file answer and serve a copy thereof upon your the plaintiff's attorney within twenty days after the service this sumand in exclusive of the day of service; your failure to answer judgment will appear taken demanded against you by default, for the relief in the complaint plaintiff for cause of action alleges that the American Bank and Trust Company of Missoula Montana Banking corporation with its principal place of business at Missoula, Montana that or about January 25, 1924, said bank suspended payment and closed its doors to business and thereafter on about February Geo. K. Dick was duly appointed fied and thereafter qualias on March 1924, receiver said Geo. acted and as such that until the 1927 and that on the 30th day day April, May, in with the provisions Chapter 89 Section 140 thereof, Session Laws of the Twentieth Legislative Assembly of the State Montana in said court and cause, the Hon. Theodore Lentz. of the Fourth Montana, Judicial District of Missoula County, in and for the of Missoula, in which said court County said receivership matter was pending, made order effective from and after May 2nd, transferring the receivership of the American Bank and Trust Company Missoula the tendent of Banks of the State of Montana, the plaintiff herein, and that ever since the 2nd day of May, 1927, plaintiff as the duly appointed, qualified and acting Superintendent of Banks of the State Montana has been in charge of the assets of bank managing and liquidating the affairs of said American Bank and Trust of Missoula and authorized to bring above-entitled suit: that on or about the 27th day May 1919, defendants Jesse Winn and Rachel Winn, his wife, for good and valuable gave to the American Bank and Trust Company of Missoula, their certain promissory note in the sum of due three years after date with interest thereon at the rate eight per cent annum, payable nually date until paid and providing for fees case suit to recover thereon, and that to secure said note the said Jesse R. Winn Rachel Winn, wife, at time and place, gave to said bank real estate mortgage covering certain property then located in Missoula County, Montana, but described cated in Lake follows: County, Montana, and as The Southeast quarter of the Northwest quarter, and the East half of the Southwest quarter the Northwest quarter Section Nine (9), in Township Twenty (20) North of Range Twenty (20) West of the Montana Meridian, containing sixty (60) acres copy of which mortgage is attached the complaint on file in the office the Clerk the court and to which reference is hereby made and the same is hereby remade part hereof, and that said was recorded in the office of the Clerk and Recorder Missoula County, Montana, and when Lake County, Montana, was created. the same was recorded there. That American Bank and Trust Company Missoula ever since the execution and delivery said note and mortgage has been and now is the owner holder of the same; that said note is long past due and that the same has not been paid nor any part thereof, and that the same and whole thereof is now due, owing, and unpaid, with thereon the rate of eight per cent per from the day of May, 1922, and that demand been made for the payment thereof and has been refused by the makers said note, wit the said Jesse Winn and Rachel Winn, his wife, and that plaintiff desires that said be foreclosed and claims that he entitled to reasonable to-wit: the of $250.00 for foreclosing said mortgage, and that no suit at law or other has been or had to recover upon said debt. That the defendants Mission Valley Company, First National Bank of M as Receiver of the First National Bank Ronan, to some right, title. interest in said land or some part thereof. which claim the plaintiff denies but that the said defendants any such right, title. or interest in said property any part of the inferior to and the plaintiff's and that plaintiff's mortgage is first mortgage and first lien on said property prior to the rights of any other defendants in said action Plaintiff prays for judgment against the Jesse Winn and Rachel Winn, his wife, for the sum of 650.00 together with interest thereon the rate of eight per cent per num from the 27th day May 1922, until paid: for an attorney's fee $250.00 and for his costs herein expended, for foreclosure and that the other defendants be required to set forth their interest in said and that their interest be declared inferior the interest of plaintiff that the property described in the complaint and hereinabove described, be sold by the SherIff Lake County and after the Sheriff has issued certificate to the purchaser that the purchaser said property at sheriff's sale be let into the immediate and for all further My hand and the Seal of said Court this 19th day of Septem1928. (Seal) By Stella M. Deputy. Thomas Marlowe, Attorney for Plaintiff. Sept 20-Oct 11
