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

In the District Court OF the Second Judicial D,tric,
of the Territory Of Montana In and Tor the County
of Deer Lodg
Andrew J. Davis, Plaintiff,
Edward G. Ma ley, James r. Sherrerd, Augusta,
ii. Tack and James Alfred Smith, Defendants
The people Of the Territory of Montana send
greeting to Edward c. Msrkloy, James IL Sherrerd
Augusta. II. Tack, and James Alfred Smith, Defend
ants.
You are hereby required to appear in sn action
brouyh against you BY the above named Plaintiff in
the District Court of the second Judicial District OF
the Territory Of Montana, In and tor the County OF
Deer Lodge. and to answer the complaint filed therein
within ten days (excsse of the day OF service after
the service on you of this summons, IL served within
this county or. served out OF this county, but la
this district, within twenty days: otherwise within
forty DAYS; or judgment by default will be taken
against you according to the prayer of said COM
plant.
The sad action 10 brought TO recover OF said de-
PENDANTS Markley, Shcrrerd, and Tack the sum OF
nineteen thousand and six 04-1O0 dollars with
per cent per annum interest from the 3td day
November 1885, and the further sum OF Ave thousand
six hundred and twentyfonr and II 100 dollars, with
ten per cent. per annum interest thereon from the
fourteen hundred and twenty-six and 49-i00 dollars
with ten per cent. per annnm interest thereon, from
the 2Sth day OF December, 1882 and the further sum
of four Thousand nine hundred and sixty nine and 40
100 dollars with 10 per cent. per annum interest
thereon from the twelfth IN , day OF may lSSS and
lars with ten per cent per annnm interest thereon
from the 23d day OF December 1882, money due from
the Algonquin Company Ia corporation formed un.
der the iws Of the Territory OF Montanal upon Ger
tain demands and Judgments against the Company
and as follows:
favor Of Andrew j. Davi., Plaintiff.
Another, on note and Judgment against said Com
pany In favor Of the First National Bank OF Helena,
M. T. for the sum OF slO a3l.l2.
| A third, on bill Of exchange etc, asd judgment
against said Company In favor OF the same Bank for
the sum of 50 g6S.T.
A fourth, upon an account stated and judgment
thereon OF one Nicholas Connolly against said Com
pany for the sum OF s5,624l1.
fifth, upon certain orders issued by said Company
and assigned to Nicholas Connolly and n judgment
recovered thereon In favor Of said Connolly agsnst
said Company for the sum OF 8 ,426 40.
Asixth upon certain due bills orders aOd accounts
assi med to William Weinstein and judgments re-
covered thereon by hi against said Company for the
| sum Of "a, 1859 IS.
| A seventh, upon certain orders and accounts Of
| said Company assigned u William Wensten and
judgment thereon In his favor against said Company
| for the sum Of S636.I3.
All Of said judgments having been rendered In the
years 1882 and 1888 In TIE District Court Of the See
Deer Lodge county and having been assigned and
transferred plaintiff aud bearing interest from
at the rate Of ten per cent. per annum
| The complaint In said action, which IL on file In
the Clerks Office In said Court and to which reference
for particulars 10 hereby made alleges that said de-
PENDANTS Markey, Sherrerd and Tack have been all
time. SIT &C the year 1879 and at the time the
Indebtedness above mentioned were contracted by
| the Algonquin Company, Trustees of said Company
In each any year since the year 1872 make he
the oict OF the County Jerk and Recorder OF said
Company was carried any report of the amount OF
capital Of said Company or the proportion actually
| paid in. or the amount OF the existing debts as
qured By the laws OF Montana Territory, but said
Company and said Trustees utterly failed and neg
lected to Ole any such report Said complaints fur
ther states that all OF the defendants are and have
/ hoap hapfa nf ahsen frnfp he
~ Of Montana and reside In the state Of Pennsyya-
min and have no property In the Territory OF Mon
| in the complaint; that the Algonquin Company 10
wholly insslvent and has property In said Terri.
tory; that the said Company formerly owaed the fol-
Mining District In Deer Lodge County. MontSas
| Territory, to-wit
All that certain Quartz Mil, containing twenty
stamps, together with the steam engine and mschin.
In the said Mill contained and appurtenant there
to, and the piece or parcel of mineral land and min
ing premises on which the same are erected described
| as follows to-wit:
That certain quartz mining claim known a. the
fee at Helena, NJ. T., as Lot No. sxty-Two (s2l In
| township No. seven ri north of range No, thirteen
f13l west and containing II go acres and also all and
| singular the buildings an improvements thereon
erected. together with the hereditaments and appur-
tenances thereto belonging or In anywse appertain-
Also. that certain lode mining claim embracing dis
| covery claim and claims Nos. one III two raj and
| three l3l westerly. and claim No one II eastery
from discovery Claim on the Algonquin lode and par
ticuary described In letters patent therefor from the
United States to the SAID Algonquin Company Of date
18th October, 1878, recorded IN volume 81 pages I0s
to ia incgsiye in the records Of the General Land
Office at Washington, ID. c.
Also all that certain piece or parcel of mineral land
known as the Salmon and Clid Extension No. .
odes and designated Lot No. - and mineral entry
No: 104 in the United States Land Office Al Helena,
| N. T.. and embracing Il portion of township seven
pai meridian and psrticsIarly described in patent
therefor from the United State to Eli ID. Holland and
James W. Estill. recorded In Book OF the Records
of said Deer Lodge county pages k3l to bs6 inclusive
together wish all and singular the Improvements,
rights. privileges, and appurtensnces OF every kind
That the defendant. James II. sherrerd' purchsssd
the property above described the quartz mill and
the ground on which the same was therein described
Salmon and Cliff Extension No. . Lode claims at q
Sherifs Sale under adscree of the above mentioned
District Court foreclosure OF mortgage deed OF
trust made by said Algonquin Company to SAID
Aarkley, Sherrerd and another trustees TO secure
certain bonds therein mentioned and at SherFs sale.
on judgment for deficiency the same action said
sherrerd also purchased the above described
as the Belle Lode claim and 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,
said Defendant Smith purchased at Shcrifs sale un
der an execution issued on confession of judgment
In said Court the property above described the
Belle Lode. said confession OF Judgment being In
favor Of Defendant Markley, Trustee, and against
said Algonquin Company: that Defendant Smith
paid no money on said sale but purchased as the
Trustee In his name but for the use and benefit
OF Defendants Markley, Sherrerd and Tack that the
acts and proceedings of said Defendants and their
associates, who claimed that the said Algonquin
Company was indebted to them Ia procuring the deed
OF trust and confession OF Judgment above mentioned
and In selling and purchasing said property ut said
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 property of said
Company to such payment and to prevent plaintiff
and his assignors from collecting the claims above
mentioned against said Company snd to leave plain
aaaip Ia1a ay,~ly fnp fha
collection OF their claim. although said Defendants
Markley. sherrerd and Tack liable, as Trustees.
to judgment az above stated. asks that Defendant
Smith be a6indged and decreed hold the property
above described as the Belle Lode, with the mill and
improvements thereon and any right and title thereto
which he now has may hereafter acquire by virtue
of said Sheriff. sale to him in trust to be by him dis
posed of and applied the Court may direct to the
payment OF the amounts due pl,intB from the other
defendants as above stated, and the satisfaction OF
the Judgment prayed for.
1Ihat said Smith be cnjoined from making any SALE
transfer or deposition OF said property without the
order OF said Court and be declared Trustee OF said
property Tor the benefit OF plaintiff and to sppY ths
same to amounts due plaintiff as above stated; that
plaintiff be declared to have lien upon said property
ana also upon the property above described as the
Algonquin and Salmon and Clid Extension No. 2
LODE claims purchased by Defendant Sherrord at
sheriff Sale as above stated, and that said lien Ia
prior TO any right title acquired by said sale; that
MI of said property be rod provided by law, and
the proceeds applied to the payment OF the amounts
que plaintiff and the subtraction of tho Judgment
paved TOR ana that plaintiff have such other and fur
ther relief In the premises the and circum
stances or tie case may require and equity be-
long and recover his costs. All OF which. fully ap-
pears BY the complaint hle and farther TO recover
costs of suit.
And you are hereby notified that II you fail TO appear
and answer said complaint above required he said
plaintiff will take default against you
ard Apply to the Court for the reet demand ed In said
plaintiff complaint.
@T@ Given under my hand and the seal of the
SekZL District Court OF the Second Judicial Dis
SC| trict OF The Territory OF Montana, In and
Tor The county OF Deer Lodpr this sad DAY Of Anil