Greg Overstreet
Overstreet Law Group
300 Main Street, Suite 203
Stevensville, MT 59870
Telephone: (406) 209-8592
Email: greg@overstreetlawgroup.com
Attorney for Plaintiffs
MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY
DAVID SCHMITZ; LISA SCHMITZ, Plaintiffs,
vs.
ROBERT G. AND SHERYL J. ESSIG REVOCABLE LIVING TRUST; DENNIS SMITH; AUDRA SMITH; and all other persons, unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint adverse to plaintiffs’ ownership or any cloud upon plaintiffs’ title, whether the claim or possible claim is present or contingent,
Defendants.
No. DV-23-148
Dept. No. 1
Hon. Howard F. Recht
SUMMONS BY PUBLICATION
To: All other persons, unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described below adverse to plaintiffs’ ownership or any cloud upon plaintiffs’ title, whether the claim or possible claim is present or contingent.
A lawsuit has been filed against you. This action is brought to quiet title to land situated in Ravalli County, Montana near 289 Skalkaho Road, Hamilton, Montana and more particularly described as follows:
A tract of land located in and being a portion of the NW1/4, Section 18, T5N, R20W, P.M.,M., Ravalli County, Montana and being more particularly described as follows; Commencing at the Northwest corner of said Section 18; thence N. 89° 31’ 55” E., a distance of 1350.50 feet to the Northeast corner of the NW1/4NW1/4 of said Section 18; thence S. 00° 22’ 34” W., along the East line of said NW1/4NW1/4, a distance of 1027.29 feet to the true point of beginning, said point being the Southeast corner of that parcel surveyed on Certificate of Survey No. 329; thence continuing S. 00° 22’ 34” W., a distance of 543.71 feet to a point on the Northerly right-of-way of the Republican Ditch, being 40 feet from the Centerline of said ditch; thence S. 83° 19’ 20” W., along said ditch right-of-way, a distance of 21.31 feet to a point on the East boundary of Lot 25 of the Addition to Cummings Subdivision; thence N. 00° 47’ 25” E., along the East line of Addition to Cummings Subdivision, a distance of 546.24 feet to the Northeast corner of Lot 26 of said Addition to Cummings Subdivision; thence S. 89° 57’ 35” E., a distance of 17.20 feet to the true point of beginning, containing 0.24 acre.
Within 21 days after service of this summons on you, you must serve on the plaintiffs an answer to the attached complaint or a motion under Rule 12 of the Montana Rules of Civil Procedure. Do not include the day you were served in your calculation of time. The answer or motion must be served on plaintiffs’ attorney, whose name and address are listed above. You must also file your answer and motion with the court.
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
Dated May 30, 2023.
/s/ Howard F. Recht
Judge Howard F. Recht
BS 6-7, 6-14, 6-21-23.