The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-10-03

,.ndants Narkley Shcrrerd, ard Tack the sum OF
nineteen thousand and sixty-one N.Ioy aonsr win VI
November 1873, and the further sum OF hye thousana
six hundred and twentyfour and IL LOO collars. with
ten per cent per nnum nS ,bs nstber .m
fourteen hundred aud twenty-six and 4s-lOo dohars
with ten per cent per annum interest thereon from
the 2sth day of Decemher ISL ana tne TURNER sun a
100 dollars with 10 per cent. per annum interest
thereon from the twelfth day of May, 1883, and
the sum at six hundred and thirtyhx anu t'ivo ao,
lars with ten per cent per annum interest thereon
from the 23d day of December, 1882 money due from
the Algonquin Company La corporation formed un :
der the laws OF the Territory of Montana upon GER
tain demands and Judgments against the Company
One for 81 1851 .65 on demand and judgment In
favor of Andrew J. Davis, Plaintiff.
Another, on note and judgment AGAINST said Com
pany In favor of the First National Bank Of Helena,
M. r., for the sum OF s10.23i.is.
A third, on bill of exchange, etc., and Judgment
against said Company In favor Of the same Bank Tor
the sum Of S6,g6S.2.
A fourth, upon an account stated and judgment
thereon of one Nicholas Connolly against said Com
pany for the sum OF s5,624.11.
fifth, upon certain orders issued by said Company
and assigned to Nicholas Connolly and Judgment
recovered thereon in favor OF said Connolly against
said Company for the sum OF 81 ,426 40
sixth. upon certain due bills. orders and accounts
assigned to William Weinstein and Judgments re-
covered thereon by him against said Company Tor the
sum Of 81, 96945
seventh, upon certain orders and accounts of
judgment thereon in his favor against said Company
for the sum of $685.
All Of said Judgments having been rendered In the
years 1882 and 1888 In tie District Court Of the Sec
ond Judicial District OF Montana Territory in and for
Deer Lodge county and having been assigned and
transferred plaintiff and bearing interest from date
at the rate OF ten per cent. per annum.
The complaint in said action, which 10 on file In
the Clerks Office in said Court and TO which reference
for particulars hereby made alleges that SAID De.
PENDANTS Markcy, Sherrerd and Tack have been At all
times &c the year 1879, and at the time the
indebtednesses above mentioned were contracted BY
the a ss On 'a .aS ny
In each since the year 1879 make or he In
the onct OF the County Jerk and Recorder OF said
County Of Deer Lodge. wherein the business Of said
Company carried on any report of the amount OF
capital Of said Coapany or the proportion actually
paid In or the amount Of the existing debts as re,
qaired BY the laws of Montana Territory, but said
Company aud said Trustees utterly failed and neg
lected to file any such report. Said complaints fur
ther states that all Of the defendants are, and have
BEEN residents Of and absent FROM the Terrific
ry of Montana and reside In the state Of Pennsyva-
mia and have no property In the Territory Of Mon,
In the complaint; that the Algonquin Company 10
wholly ih.svent and has no property In said Terri
tory; that the said Company formerly owaed the fol-
Loving described property situated In Flint Creek
Territory, wit:
All that certain Quartz Mill, containing twenty
cry In the said Mill contained and appurtenant there
to, and the piece or parcel of mineral land and min
ing premises which the erected, described
as follows to-wit:
That certain quartz mining claim known a. the
Belle lode, designated In the United stares Land Of
fce at Helena, NJ. T., as Lot No. Sixty-Two (62l In
township No. seven III north of range No thirteen
13l west and containing II go acres, and also all and
singular the buildings an | improvements thereon
erected together with the hereditamcnts and apDur-
tenances thereto belonging or Ia anywise appe-tan
Also that certain lode mining claim embracing dis
covery claim and claims Nos. one H. two ri and
sts-tlv nd cla aim Nn
from discovery claim on the Algonquin lode and paI-
tculary described In letters patent therefor from the
18th October, 1873, recorded IN volume 81 pages 10S
to Il inclusye, In the records of the General Land
Officc at Washington, ID. c.
Also, all that certain piece or parcel Of mineral land
known as the Salmon and Cliff Extension No. Q
lodes and designated Lot No. 81 and mineral entry
No: 1O4 In the United States Land Office NJ Helena
NJ. T., and embracing portion of township seven
RI north OF range thirteen 1881 west of the princi-
pal meridian and particularly described In patent
therefor from the United State to Eli d. Holland and
James W. Estill. recorded in Book OF the Records
of said Deer Lodge county pages S3l 56 inclusive
together with all and singular the Improvements,
rights privileges aud appurtensnces of every kind
That the defendant James Ii. Sherrerd, purchased
the property above described a. the quartz mill and
the ground ON which the same therein described
to be situated ~ the Algonquin Lode and also the
Salmon and Cliff Extension No. 2 Lode claims at a
Sherf's Sale under decree Of the above mentioned
District Court on foreclosure of mortgage or deed Of
trust made by said Algonquin Company TO SAID
Aarkey, Sherrcrd and another, trustees. TO secure
certain bond. therein mentioned and at sheris sale.
on a judgment tor deficiency IN the same action said
Sberrerd also purchased the shove described
as the Belle Lode claim sud deeds for all of SAID
property were made by the Sheriff OF said Deer Lodge
county to said Sherrerd.
That Afterwards on the 18th day OF October, 1888,
ead Defendant Smith purchased at Sherifs sale, un-
der an execution issued on confession of Judgment
10 said Court the property above described az the
Belle Lode, said confession Of Judgment being In
favor of Defendant Markley, Trustee, ard against
sad n AgOnga,n Company; TIA. Defendant smith
Trustee In his own name but for the use and benefit
OF Defendants Markey, Sherrerd and Tack; that the
acts and proceedings of said Defendants ana their
associates, who claimed that the said Algonquin
Company was indebted to them In procuring the deed
OF trust and confession Of judgment above mentioned
sales were done and taken by said defendants for the
purpose and with the intent Of obtaining payment of
their own claims and to apply all the properly OF said
company TO such payment and to prevent plaintiff
and his assignors from collecting the claims aboye
mentioned against said Company end to leave plain
TIN and his assgnors without legal remedy for the
CORRECTION OF their claim although said Defendants
Marley. Sherrerd and Tack are liable, az Trustees
Tor all OF said claims. Said complaint, IN addition
70 Judgment as above stated, asks that Defendant
smith be adjudged and decreed To hold the property
above described as the Belle Lode, with the mill and
improvements thereon and right and title thereto
whcn ne now has or may hereafter acquire by virtue
OF said Sherfs sale to him in trust to be by him dis
posed OF and applied as the Court may direct to the
payment OF the amounts due pIiutif from the other
s as above stated and the satisfaction OF
That said Smith be enoned from making any sale
Transfer or disposition OF said property without the
property for the benefit of plaintiff and 10 apply th.
,ame TO amounts due plaintiff as above STATED; that
plaintiff be declared to have lien upon said property
Algonquin and Salmon and Cliff Extension No.
Lode Claims purchased by Defendant sherrerd at
snerin sale a. above stated and that said lien is
prior to any right, title acquired by sad sale; that
I'll OF said property be sold as provided by law md