The weekly Butte record., 1867-10-26
LEGAL.
SUMMONS.


In the District Court OF the Second Judi
cial District Of the State of California in and f-
the county of Butte
Charles B Bates 1o>eph Love
Action broush. II the Dst-1e, Court Of the Second
Judicial District and the Complaint fled II the County
Butte the cfcs Of the Clerk Of sid s--rt g,--
The People of the State ef California sens -st,ns q
Joseph Love; You z-e hereby required 10 appear IL
an ac-loa brought against yor bv The above ra,,,s
Plaintiff II the District Court Of the Second Judicial
District Of the state of California in and f- the county
OF Butte and to the Cosrlsi,t dIas .hs-,n E.
copy ot which accompanies this summons within ten
days exelusive Of the day of sayi after the service
Oh YOU q this Slnlr111S-f served within his Nnsr-v
or II served ont OF this county but this Judicial Dis
'rlct N'n twenty days; or L served ont o: said Dis
1ct then within forty days-or Judgment hy ess,,,;
VIII be taken acaiIs. you.
The SAID acton i brought 70 recover izir1,ent
seainst you II the hundred and fev thousand
dollars damages for that on the fifth day Of December
1861 The deiendens and Plaintiff entered into contract
N writing subscribed by both plaintiff. and iefenieat
whereby II vas mutually agreed that the Gesrie- hv
J. b Cooke his Attorney IN fact. should sell 70 rlaf
ali that certain property the water bitches fumes and
resrNoirs heretofore the property of the Sierra Nevada
Lake Water and Mining Company situated in the Coun
ties Of Sierra and Nevada in the STATE Of California To-
gether with all the rights privileges and aud aryrte
anees thereto bel0nslnc-zlso the Saw Mi at Milton
IN SAID County q. Sierra, and al the houses and cabins
heretofore belonging to said Company except the dwell
ing house snd the stable Al Forest civ and IL was fur
ther mutually agreed in said writing that plaintiff should
nom company FOR the purpose Of CONSTRUCTING new
ditch 10 convey the waters Of the aforesaid ditch
Hulnau9 Clfy and Columbia HM. and the paynent by
said plaintiff for said property was 10 be a. follows
SOS United States gold CON- on the first iav of I
y is69. and the twentieth part o the stock
company be formed by said plaintiff to be unas-
sessable and issued IL the name Of j. B Cooke
Ii was further mutually agreed said writing tha.
said plaintiff should he allowed from the first Of Jan-
sry until the first day of April 1867. md responsible
persons 10 form such company for the purpose con-
veyins the of said bitches as aforesaid
That upon the formation Of such company afnre-
sain the payment Of >5oo aforesaid and the
fer Of said stock or il said new company ready ct
that time 70 enter into agreement that the company
transfer said stock aforesaid when said company be-
come organized the fefendeut hv hi. said Attorney in
and sufficient deed OF conveyance-ot and ali and
singular the above described property.
That on or about the seth day OF March 1867 plain
TN caused 70 be formed company Of responsible per-
in san Francisco for the purpose aforesaid said
defendent by his said Attorney fact being present
one Of the meetings Of said company. a;ld the
ith day of April 1861 by writing executed by the dcfen-
dent. by his said Attorney in fact the plaintiff was
given until the list June ls6 make arrangements
specting the sale Of said property to said company and
by said writing the purchase money reduced from
S25.000 to the 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 1867, by his deed duly executed sold and deliver
ed all Of said property Robson and others Of
Francisco and deiendent could not and did not make
title pursuant his sad agreement wherefore plaintiff
sues and demands judgment agains, said deendent for
the sum Of Sl50G and costs Of suit and for each 9TH
er and further relief the premises to the
this action belongs. and YOU fail appear and
er the said complaint above required the Plaintiff
viii demand Judgment against said defendcnt in the
sum Of Sl50009. besides his costs and such other
and further relief il the premises the nature OF
this action belongs.
Given under my hand ard the seal the District
of the Second Juicial District this 9th day OF Iuiy
the year Of our Lord thousand eight hundred and
siXty-seven.
is J.G. MOORE Clerk.
J. VI. BURT. Attorney for Plaintiff.
IT, 5. Internal Revenue Stamp. caucled, so eents