The weekly Butte record., 1867-10-12
LEGAL.
SUMMONS.

IN the District Court Of the Second Judi-
ciA Dsstrit Of the SeAse Of California in and for
the county Of Butte
Charles B. Bates v. Joseph Love.
Acton brought IN the District Court Of the Second
1udiAi District 2nd the Complaint fled in the County
Of Butte IN the Ooe Of the CLERK Of said District Court
The People Of the State Of California send Greeting 20
Joseph Love: You are hereby required TO appear in
Al action brought against yun by the above named
Plaintiff IN The District Court Of the Second Judicial
District ot the State Of California and for the county
Of Butte and TO the Complaint fled therein "a
SOP! q shlen sccoufSnaes TINS summons within ten
days exclusive Of the day OF sereel after the
on You Of this Sumnoas-f served within this county
or served out Of this county but IN this Judicial Dis
ct. within twenty days; If served Of sSid Dis
trict, then within forty dSy-or Judgment by default
VIII be taken against You.
The ssid scton IS brought to Judgment
against YOU in the hundred and Fifty thousand
dollars damages for that the fifth day Of necsmher
ls6 the defendent and plaintiff entered into contract
in writing subscribed by both plaintiff and defenden:
whereby was mutually Sered that the detendent by
J. B. Cooke his Attorney fact; should sell plaintiff
all tss certain properly; 'ths water bitches fumes and
Water Mining Company situated in the Cox,n-
ties of Sierra and Nevada in the State OF California
gether with all the rights privileges and and appenten
ances thereto belonging-slso the Saw MIL Milton
IN said County of Sierra and ali the houses and cabins
heretofore belonging said Company except the dwell
ing house and the stable at Fores, City, and fur
ther mutually agreed in said writing that plaintiff should
from company for the purpose of constructing
ditch 10 convey the waters OF the aforesaid ditch 10
Hunlhug City and Columbia Hill, and the payment by
said plaintiff for said property to be follows,
s25o0 in United States gold con the day of Ju
y 1867 and the twentieth part Of the stock of the
new company to be formed by said plaintiff to be unas
sessabe and issued in the name Of J. B. Cooke.
L. was further mutually agreed in said writing tha.
plzinti allowed from the rst OF Janu-
a-y until the first day April 1867 responsible
persons form such company for the purpose of
veying the water Of said bitches aforesaid.
That upon the formation OF such company afore-
san the payment of S5 coo aforesaid and the
fer said stock or if said new company is not ready at
that time to enter INTO an agreement tat the company
transfer said stock aforesaid when said company be-
organized the defendent by his said Attorney
fact agreed to execute and deliver to plaintiff good
and sufficient deed of conveyance-of and for all and
singular the above described property
That about the soth day of March 1857, plain
in San Francisco for the purpose Aforesaid said
defendent by his said Attorney in fact being present
of the meetings Of said company. and on the
4h day of April 1867 by writing executed by the defen
dent, by his said Attorney in fact, the plaintiff
given until the lst of June 1857 make
specting the sale of said property said company and
by said writing the purchase money reduced from
SOS, coo 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 1th day of
May 1867 by his deed duly executed sold and deliver
ed al of said property Robson and others of
Francisco and defendent could not and did not make
title pursuant 10 his siad agreement wherefore plaintiff
and demands judgment against said defenden for
the of S15o0Oo and of suit and for each 9TH
and further relief the premises the nature of
the said complaint above required. the Plaintiff
will demand ilidcmert against said iefendent in the
of S150o00. 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 Juicia District, this 9th day Of July in
the year of Lord thousand eight hundred and
sixty-seven.
j. NJ BURT. Attorney for Plaintiff.
10. S. Internal Revenue Stamp canced, SO cents.l