The weekly Butte record., 1867-10-05
LEGAL.
SUM MONS.
IN the District Court Of The Seeor, II,

IN the District Court of the second Judt
cal Dst-ie- cf the Sts.e u C4lifo-niz in and for
the county OF Bate
Charles &. Bates Jossph Love
Action brought IN the District Cos--S of tie Second
JUDICIAL Disrlcs AID tie Complaint ali the County
OF butte n TIE oce q The C-S of said District Court
The People q the Safe Of C2lifo-ziA s. trs-=inc 70
Joseph Love; You are hcrshy TeQz-si 70 appear IN
Al action brought against yun bY ne above nsrnss
Plaintiff in the Diss-cs Court of the Second J,iie;.l
District Of the STATE q Cito-ra in and for the county
ot Butte and 70 answer the Complaint fled therein "a
copy of which Accompanies this summons within ,ea
days 'exeusive 81 the d4y Of seroe after the
on you Of this Srnaozs-it served within his county
or II served cut OF this county but il this Judicial Dis
uct within twenty days: - Il served Of sad Dis
rrct, then within f-ry xvSo- ;.,-,.s-., ty dssa,t
VII be taken against YOU.
The said scion IS brought 70 recover Judgment
against you in he hundred zn5 hftv thousand
dollars damages. FOR that the nth day of December
1866, the 6efenslI and plaintiff. entered into contract
IN writing subscribed by both plaintiff and detendent
whereby il mutually agreed that the efenIien ty
B. Cooke his Attorney in fact should sell 10 plaintiff
al that certain property; the water bitches fumes and
reseryoi-s heretofore the property ot the Sierra Nevada
Lake Water and Mining CarTaa.v sa,el; in the Conn,
ties Of Sierra and Nevada the State q California TO-
sethsr with al the rights privileges and and appen;en
anceS thereto heloaglns-sSo the Saw NH at Milton
in said County Of Sierra. and all the houses and cabins
heretofore belonging said COMPANY except the dwell
ing house aid the stable 1t Forsr city and
ther mutually agreed in said writing that plaintiff should
rom company for the purpose constructing new
ditch to convey the waters Of TIE aforesaid ditch
Hunbug City and Columbia Hill and the payuaen ut by
said plaintiff fer said property WAS be as follows
S5eo0 in United States gold coin on the first tiav OF in
ly 1867 and the twentieth part the sock the
company TO be formed by sid plaintiff 10 be unas-
sesssble and issued IL the Of J. b Cooke.
1t was further mutually agreed said writing that
said plaintiff should be allowed from the first Of Jan-
AIRY until the day April 1861 to fnd responsible
persons. to form such company for the purpose of con-
veying the water of said bitches as aforesaid
That upon TIE formation of such company aore-
sain the payment OF $4,000 aforesaid and the
fer of said stock. il said company ready
that time. to enter into that the company
transfer said stock Aforesaid when said company be
come organized the deendent 10y his said Attorney in
fact, agreed To execute and deliver TO plaintiff good
and sufcien. deed conyeyance-of and for all and
singular the above described property.
That or about the S0th day Of March 1861 plain
uf caused 10 be formed company OF responsible per
IN San Francisco for the purpose aforesaid. said
defendent by his said Attorney in being present
one of the meetings OF said company and the
4th day OF April 1867 by writing executed by the deen-
dent by his said Attorney fact. the plaintiff
given until the lst Of June 6 to make re
specing the sale OF said property said company and
by said writing the purchase money reduced from
: $4,000 to the sum Of $4,000.
That the Plaintiff daily performed all the conditions
of his said contract his part That said defendent
by his said Attorney in fact about the 7th day OF
May 1861 by his deed duly executed sold and deliver
ed all OF said property to Robson and others san
Francisco. and defendent could and did not make
title pursuant TO his siad agreement wherefore plaintiff
and demands Judgment against said defendent for
the sum of S15oeoo and and for each 9TH
and further relief in the premises the nature
this action belongs and You fail appear and
the said complaint as above required the Plaintiff
will demand Judgment against said defendent in the
sum OF Sl50000 besides his costs and for such other
and further relief in the premises the nature of
] this action belongs.
Given under my hand and the seal Of the District Court
of the Second Juical District this 9th day of July
the year OF our Lord thousand eight hundred and
/ siXty-seven.
! Ts] JG. MOORE Clerk.
[ J. NJ. BURT Attorney for Plaintiff
IT, 5 Internal Revenue Stamp. eaac,ed. 80 cents.l