The weekly Butte record., 1867-09-28
LEGAL.
SUMMONS.

the District Court OF the second Judi
eial District Of the State OF California In sod for
the county of Butte
Charles 3. Bates vs Jo=ey,h Love
Acton brought In the District Court Of the Second
Judicial District and the Complaint fled II the County
OF Burfs In the Once Of the Clerk Of said District Court
Ihe People Of the State ot California sni Greeting to
Jo~eph Love- You are hereby required u appear in
An artlon b-ousht against yon by the shove named
Pialntln u the District Court Of the Second Judicial
District OF the State California in and for the county
OF Butte. and 20 answer the Complaint fled therein "a
copy Of which accompanies this summons within ten
days. iexesiye Of the day Of servce after the service
on you q this SnoRs-if served within this county:
or served out Of this county but this Judicial Dis
t-lcf within twenty days; served Of said Dis
trict. then within forty davsr Judgment by iexa,x
viii be taken against you
The said action is brought to recover judgmen.
against You In the sum hundred and fifty thousand
dollars damages for that on the fifth dsy of December
ls66. the deendent and plaintiff entered into contract
in writing subscribed by both plaintiff and defendent
whereby was mutually areed that the defendent by
j. B. Cooke his Attorney fact. should sell plaintiff
all that certain property the water bitches. fumes and
reservoirs heretofore the property of the Sierra Nevada
Lake Water and Mining Company situated IL the Coun-
ties OF Sierra and Nevada in the State of California
gether with al the rights privileges and and gppenter
ances thereto belonSins-also the Saw Mil a; Milton
IN said County of Sierra and al the houses and cabins
heretofore belonging 10 said Company except the dwell
ing house and the stable Forest City, and il was fur
ther mutually agreed in said writing that plaintiff should
nom company for the purpose Of constructing
dtca 10 convey the waters OF the aforesaid ditch to
Hulnbug City and Columbia Hill, and the payment by
said plaintiff for said property to be follows
$0 IN lnited States gold coin the first day of Jn-
ly ls6 and the one twentieth part Of the stock of the
new company to be formed by said plaintiff to be unas-
sessahle and issued in the of ]. B. Cooke.
II was further mutually agreed in said writing that
said plaintiff should be allowed from the Jan-
airy until the first day Of April 1867, find responsible
persons. to form such company for the purpose
veying the water of said bitches aforesaid.
That upon the formation such COMPANY as af1re-
san the payment of $4,000 aforesaid the trans
fer Of said stock if said company not ready at
that time TO enter into agreement that the company
transfer said stock Aforesaid when said company be-
come organized the defendent by his said Attorney in
fact agreed to execute and deliver plaintiff good
and sufficient deed of conyeyance-of and for al and
singular the above described property.
That about the 3oth day of March 1867 plain
tiff caused to be formed company OF responsible per-
sons in San Francisco for the purpose aforesaid said
deienden by his said Attorney in fact being present
one of the meetings of said company and on the
ih day of April 1857 by writing executed by the efen-
dent by his said Attorney in fact. the plaintiff
speetins the sale of said property to said company and
by said writing the purchase money reduced from
SIS 900 to the sum of $4,000.
That the Plaintiff daily performed all the conditions
of his said contract his part That said deendent
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 to Robson and others of
Francisco and defendent could and did not make
title pursuant to his siad agreement wherefore plaintiff
sues and demands Judgment against said deendent for
the sum OF Sl50.uuO and costs of and each 9th
and further relief in the premises the
this action belongs and if you fail appear and answ-
er the said complaint above required the Plaintiff,
will demand Judgment against said defendent in the
Of Sl50OO0, besides his costs and for such other
and further relief in the premises to the 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 our Lord thousand eight hundred and
sixty-seven.
Isl JIG. MOORE Clerk
J. NJ. BURT. Attorney for Plaintiff.
III. s. Internal Revenue Stamp, cancled, so cents