The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-09-26

T7 north OF range thirteen 1871 west OF the princ
pal meridian and particularly described IN patent
therefor from the United state 70 III ho m apa
of said Deer Lodge county pages S3l TO 5s6 inclusive,
together with all and singular the improvements,
therennto belonging or In anywise appertaining.
That the defendant, James II. Sherrerd, purchased
the property above described ~ the quartz ni ana
the ground on which the was therein described
to be situated a. the Algonquin Lode and also the
Salmon and Gilt Extension No. Lode claims AZ
Sherifs sale under decree OF the aboye mentioned
District Court foreclosure of mortgage or deed OF
trast made by said Algonquin Company TO SAID
Markiey Sherrerd and another, trustees, to secure
certain bonds therein mentioned and at Sherfs sale
on Judgment for deficiency IN the same action said
Sherrerd also purchased the property above
the Belle Lode claim and deeds for all OF saia
property made by the Sheriff OF said Deer Lodge
county te said Sherrerd. 800
That afterwards on the 18th day of October, 1888,
said Defendant smith purchased at sheriff ssie,un"
der an execution issued on conIe,sloa OF Judgment
In said CouIt the property above described as the
Belle Lode said confession OF Judgment being In
favor of Defendant Markey, Trustee, and against
said Algonquin Company: that Defendant smith
paid no money on said sale but purchased az tue
Trustee in his name but for the use and beneat
of Defendants Marley, Shererd and Tack; that the
acts and proceedings of said Defendants, ana their
associates, who claimed that the said Algonquin
Company indebted TO them In procuring the deco
of trust and confession of judgment above mentioned
ard in selling and purchasing SAID property at said
sales done and taken by said defendants for the
purpose and with the intent Of obtaining payment OF
Company to such payment and to prevent pialntln
and his assanors from collecting the claims above
mentioned against said Company and to leave plain
till and his assignors without legal remedy for the
collection OF their claim. although said Defendants
Markey. Sherrerd and Tack liable, as Trustees.
for all of said claims. Said complaint, In addition
to judgment above stated asks that Defendant
Smith be adjudged and decreed to hold the property
above described the Belle Lode, with the mill and
improvements thereon and right and title thereto
which he has may hereafter acquire by virtue
of said Sherf sale to him In trust TO be ny him dis
posed of and applied the Court may direct to the
payment Of the amounts due pl,intin from the other
defendants. rs above stated and the satisfaction OF
the judgment prayed for.
That said Smith be enjoined from making any sale,
transfer or disposition Of said property without the
order OF said Court and be declared Trustee OF said
property for the benefit of plaintiff and to sppy ths
same to amounts due plaintiff above stated; that
plaintiff be declared to have lien upon said property
and also upon the property above described as the
Algonquin and Salmon and Cliff Extension No.
Lode claims purchased by Defendant sherrerd at
Sheriff Sale, above stated, and that said lien Is
prior to any right, title acquired by said sale that
all OF said property be sod provided ny law, and
the proceeds applied to the pa,ment Of the amounts
due plaintiff and the satisfaction of the judgment
prayed for and that plaintiff have such other and fur
ther relief In the premises as the nature and crcI-
stances OF tie case may require and as to equity be-
long and recover his costs All Of which fully ap-
pears BY the complaint ale and further to recover
costs of suit.
And You hereby notified that fyou fail to appear
and answer said complaint above required the said
plaintiff will take default against you
and Apply TO the Court for the reet demanded In said
plaintiff complaint.
NN Given under my hard and the zeal OF the
SS1[IM District Court of the Second Judicial Dis
SGO trict OF The Territory of Montana, in and
Tor the county of Deer Lodge this 23d day of April
In the year of onr Lord one thousand eight
REUBEN L DAVIS, Clerk.
Robinson & stapleton, and w. w. Dixon, At
torneys for Plaintiff. 794-4t