The weekly Butte record., 1867-09-21
LEGAL.
SUMMONS.
the Distrie. Court Of the second J.ai-

IN the District Court of the second Judi-
ciA District cf the State Of California In and for
The county Of Butte
Charles b Bates vs. Joseph love
Acnon brought In the District Court of the Second
JUDICIAL District and the Complaint tiled the County
OF Butte In the Once of the Clerk OF said District Court
The People of the State OF ClSornis send Greeting 10
Joseph Love, You hereby required TO .sspszr in
an Acnon oroushf against yun by the above named
falntin n me District Court Of the Second Judicial
District Of the State of California in and for the county
OF Butte and to answer the Complaint fled therein IA
copy OF which accompanies this summons within ten
Gays e1eius1se o the day of sersc Affer the
on you Of this Suinmons- served within this county,
or served out of this county bur in this Judicial Dis
nc sienn .Senty days or II served out OF said Dis
ulcs then "lthln forty dsys-or Judgment by default
VIII be taken against YOU
The said action is brought TO recover Judgment
against you IN the sum hundred and fifty thousand
dollars damages. for that the nth day Of December
lst6, the defendent and plaintiff entered into contract
IN writing subscribed by both plaintiff aud dsfendent
whereby 1t was mutually agreed that the defendent by
. d eooke MS Attorney In fact should sell 10 plaintiff
all that certain property the bitches fumes and
reservoirs heretofore the property Of the Sierra Nevada
Lake alter and Mining Company situated in the Coun-
ties of Sierra and Nevada in the State of California to-
eether with all the rights privileges and appenten-
anees thereto beleneng-also the Saw Mill at Milton
IN said County Of Sierra and all the houses and cabins
heretofore belonging said Company except the dwell
ing house and the stable Forest City, and
ther mutually agreed in said writing thst plaintiff should
nom company for the purpose Of constructing q
ditch to convey the waters of the aforesaid ditch TO
Humbug City and Columbia Hill. and the paymen by
said plaintiff for said property to be follows
$25u IN United states gold coin the first day of
y 1861 and the twentieth part of the stock of the
new company to be formed by said plaintiff to be unas-
sessable and issued in the name of j. B. Cooke.
1t was further mutually agreed in said writing that
said plaintiff should be allowed from the first OF Jan-
sry until the first day OF April 1867 find responsible
persons to form snch company for the purpose of
veying the water Of said bitches as aforesaid
That upon the formation of such company as af,rs-
san the payment of S50o0 aforesaid and the trans
fer of said stock or if said company ready
transfer said stock as aforesaid when said company
come organized the defenent by his said Attorney in
fact agreed to execute and deliver 10 plaintiff good
and sufficient deed of conveyance-of and for ali and
singular the above described property.
That on or about the 30th day of March 1857 plain
TN CAUSED TO be formed company of responsible per-
sons IN San Francisco for the purpose aforesaid said
defenden by his said Attorney in fact being present
one of the meetings of said company, and on the
4th day of April 1867 by writing executed by the deen-
dent. by his said Attorney i'll fact the plaintiff was
given until the LIST ofJune 1867 make arrangements
specting the sale of said property said company and
by said writing the purchase money reduced from
$4,000 to the sum of $1,000.
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 7h of
May 1867 by his deed duly executed sold and deliver
ed all OF said property TO Robson and others
Francisco and defendent could and did not make
title pursuant to his siad wherefore plaintiff
sues and demands Judgment against said defendent
the sum of $15oO0 and costs of and each 9TH
er and further relief in the premises the nature
this action belongs, and you fail appear and answ-
er the said complaint above required the Plaintiff
viii demand Judgment against said defendent in the
sum of sl50000 besides his COSTS and 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 Jucia District this 9th ay of July in
the year of Lord Thousand eight hundred and
sixty-seven
s. J. G. MOORE Clerk
J. NJ. BURT. Attorney for Plaintiff
10. S Internal Revenue Stamp cancled, so cents