The weekly Butte record., 1867-09-07

the district Court OF the second Suoi-
cial District a the Sssse of California, IL and fo-
the county u Butte
Charles & Bz-es vs.. Joserh Love
Acton brought in the District CcI-t OF the Second
Judicial Dis-ict and the Complaint fled in the County
Of Butte. II the oc Of the Clerk OF s. District Court
The People q tie State q. California send Greeting 10
Joseph Love; You hereby required % appear IN
an acton brought against yen by tAe above named
Plaintiff II the Dlst-ct Court Of the Second Judicial
lSl' Of tie sc1te q CziifoTlA IN and for the county
o. bcir and - answer the Complaint nie therein Is
copy Of which accompanies this summons within seii
days exclusive q the Gay Of srvee after the service
On you o1 this Su1n.nozs-if served within this county
o-. served ont ef this county but this Judicial Dis
trlot within twenty days; served out OF said Dis
tr1et then within forty days-or Judgment by default
VIII Dc taken against You
The sid acton is brought to recover Judgment
against You in the sum hundred and fifty thousand
dollars damages - tliat on the htth day q December
lsd the deiendent and plaintiff entered INTO contract
II writing subscribed By both plaintiff and defendent
whereby Il mutually agreed that the ds1endent by
j B Cooke his Attorney fact should sell to plaintiff
all that certain property. the water bitches fumes and
reservoirs heretofore the property Of the Sierra Nevada
i1Se Water and Mining Company situated II tie Coun
ties of Sierra and Nevada III the State of California to-
setler with al the rights privileges and and appenten
dnces thereto belongingSisO the Saw Mill al Milton
III said County o Sierra and ali the houses and cabins
heretofore belonging 10 said Company except The dwell
ing house and the stable II Forest City and il was fur
ter mutually agreed in said writing that plaintiff should
nom company Tor the purpose OF constructing new
ditch TO convey the waters Of the Aforesaid ditch TO
HuraDus City and Columbia Hill. and the payment by
said plaintiff f1r said property to be follows,
y 1851 and the twentieth part Of the stock Of the
new company be formed by said plaintiff be
sessahe and issued in the name OF j. B. Cooke
II MS further mutually agreed in said writing thai
said plaintiff sho,d be allowed from the first Janu-
AIRY unui the first day Of April 1861 find responsible
persons TO form such company for the purpose OF con
yeyins the wa,er Of said bitches as aforesaid.
That upon the formation of such company atre-
sain the payment Of coo as aforesaid and the trans
fer Of said stock il said company 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
fact agreed to execute and deliver 70 plaintiff good
and sufficient deed of eonveyance-of and for all and
singular the above described property
That about the 30th day of March 1867. plain
ti caused to be formed company. responsible per-
in San Francisco for the purpose aforesaid said
detenden by his said Attorney fact being present
one Of the meetings Of said company. and on TIE
4th day Of April 1867 by writing executed by the efen
dent, by his said Attorney il fact the plaintiff
given until the lst OF June 1857. make
speetln the sale OF said property to said company and
by said writing the purchase money reduced from
600 to the OF $4,000.
That the Plaintiff daily performed all the conditions
OF his said contract his part That said iefendent.
by his SAID Attorney in fact about the 1h day of
May 1867, by his deed duly executed sold and deliver
ed all of said property to Robson and Others Of San
Francisco and detendent could and did not make
title pursuant to his sad agreement, wherefore plaintiff
and demands Judgment against said deendent for
the Of S15000 and OF suit and for each 9th
er and further relief in the premises the of
this action belongs. and if You fail appear and
er the said complaint above required the Plaintiff
viii demand Judgment against said defendent in the
sum OF Sl50000 besides his costs, and for such other
and further relief in the premises as 10 the nature OF
this action belongs.
Given under my hand and the seal of the District Court
of the Second Jucia District this 27th day July in
the year OF our Lord thousand eight hundred and
sixty-seven.
is J. G. MOORE Clerk.
J. NJ. BURT. Attorney for Plaintiff.
IT, S Internal Revenue Stamp, eancled. so centsl