The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-10-17


Andrew ]. Dsvl', Plaintiff,
Edward G. Markr-y, James H. sherrerd, Auen.,v.
H. Tack and Jam;r Alfrel Smith, Defendants
The people OF the Territory OF Mont ana send
greeting II Edward c. Narkley, James u. Sherrerd
Augusta. II. Tack, and james Alfred smith, Defend
ants.
You are hereby required to appear In IN act,,n
brought against you b, the above named Plaintiff in
the District Court OF the second Judicial District Of
the Territory uf Montana In AID tor the COanty OF
Deer Lodge and TO the complaint filed Therein
within ten days texcurive Of the day OF scryce after
the service y0l OF this summons. u served within
this county: or. 10 served out OF this county bat Ia
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 said action 10 brought to recover OF said de.
PENDANTS Narkley, Shcrrerd, and Tack the sum OF
nineteen thousand and six sy-one Ol-loO toars with
ten per cent per annum interest from the d dsy OF
November 1873, and the further sum of Ave thousand
air hundred and twentyfour and IL 90 dollar. win
ten Der cent per annum interest thereon from the
2sd day of February, 1888, and the further sum OF
fourteen hundred and twenty-sx and 4o-l00 dollars
with ten per cent per annum interest thereon from
the 2sth day OF December, 1892 and the further Ium
OF four thousand nine hundred and sxtynine and o.
100 dollars with 10 per cent. per amman interest
thereon from the twelfth day OF May 1888 and
the sum Of six hundred and thirtysix and lOo dol.
lars with ten per cent per annnm interest thereon
from the asd day OF December 1854, money due from
the Algonquin Company La corporation formed IN.
der the laws OF the Territory OF Montana upon Ger.
tain demands and judgments against the Company
One for 81 ,soi IS on demand and judgment In
favor of Andrew J. Davis, Plaintiff.
pany In favor OF the First National Bank OF Helen,
M r for the sum OF sf0, 23il3.
A thlrd, on bill of exchange, etc, and judgment
against said COMPANY In favor OF the same Bank for
A fourth, upon an account stated and judgment
thereon of one Nicholas Connolly against said Com
pany for the sum OF S5,624.1l.
A 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 q ,426 40.
sixth upon certain due bills. orders and accounts
assigned to William wenstein and Judgments re-.
covered thereon by hi against said Company for the
sum of o., 969.45.
A seventh, upon certain orders and accounts OF
said Company assigned to william Welnsten and
judgment thereon IN his favor against said Company
for the cum OF S636.43.
All OF said judgments having been rendered in the
years 1882 and 1883 In tie District Court OF the See
Deer Lodge county Md having been assigned and
transferred plaintiff aud bearing interest from date
| at the rate OF ten per cent. per annum.
The complaint In said action, which Is on fe in
the Clerks Office In said Court and to which reference
for particulars 10 hereby made, alleges that said de-
PENDANTS Marley Sherrerd and Tack have been At an
times Sill &C the year 1879, and al the time the
Indebtedness above mentioned were contracted by
| the Algonquin Company, Trustees OF eaid Company
|
in each any year since the year 1873 make he In
the office OF the County Jerk and Recorder OF said
County OF Deer Lodge. wherein the business Of .,d
capital Of said Company or the proportion actually
paid In. Or the amount OF the existing debts as
unired By the laws Of Montana Territory, but ssd
Company and said Trustees utterly failed and my
lected TO Ole any such report. Said complaints fur
thcr states that all OF the defendants are, and have
been non residents Of, and absent FROM the Terrific
~ OF Montana and reside In the state OF PennsyVa-
/ MS nd 1errtOTV
tana except their Interest In the property describe
\ In the complaint that the Algonquin Company 10
wholly inselvent and has no property In said Terri.
tory; that the said Company formerly owMed the fol-
Mining District n Deer Lodge County. MOnts..
All that certain Quartz Mil, containing twenty
stamps, together with the steam engine and machn-
cry In the said Mill contained and appurtenant there
to, and the piece parcel Of mineral land and min
Ing premises which the same are erected described
AZ follows to-wt:
That certain quartz mining claim known as the
Belle lode, designated in the United States Land Of
fce at Helena M. T., as Lot No. sixty-Two t62l In
township No. seven ri north OF range No thirteen
I3l west and containing II 90 acres and also all and
| singular the buildings an improvements thereon
erected. together with the heredtaments and apDu-
tenances thereto belonging or In anywise appertan-
ing ,,,, ..,,.,, ,oas u,n,,. RI, ~ su,r.c,0. II.
covery claim and claims Nos. one e. two f3l and
three Ial westerly and claim No. one esslerly,
from discovery claim ON the algonquin lode and PAL
ticuary described In letters patent therefor from the
United States to the said Algonquin Company Of date
10th October 1878. recorded IN volume 81, pages 1903
to ia inclusive, In the records Of the General Land
| Office at Washington, ID. G.
Also all that certain piece or parcel of miners. land
known tho Salmon and Ciid Extension No. .
loies and designated as Lot No. % and mineral entry
No. 1O4 In the United States Land Once a, Helena,
| N. T., and embracing portion of township seven
r. north Of range thirteen lls west OF the princi
therefor from the United State to Ri D. Holland and
James w. E.till. recorded In Book OF the Records
OF said Deer Lodge county pages s3t to S6 inclusive,
Together with all and singular the improtements,
rights, privileges, aud sppurtensnces OF every kind
| thereunto belonging or In anywire appertaining,
That the defendant, James II. Sherrerd, purchased
the property above described the quartz mill and
the ground on which the therein described
to be situated as the Algonquin Lode and also the
| Salmon and Cliff Extension No. Lode claims at .
Sherids sale Under decree of the above mentioned
District Court foreclosure OF mortgage or deed OF
| trast made by eaid algonquin Company to saG
Markiey, Sherrerd and another. trustees to secure
certain bonds therein mentioned and ut Sherfs sale.
on Judgment for deficiency the same action said
Sherrerd aso purchased the property above described
as the Belle Lode claim end deeds for all OF said
property made by the Sheriff OF said Deer Lodge
county to said Sherrerd.
That afterwards on the 18th day of October 1883
said Defendant Smith purchased ut sherifs sale, un-
der execution issued confession of judgment
In said Court the property above described az the
Belle Lode, said confesslos OF Judgment being In
ssd AgoDaain a conpsny: that u DesendsS, smisS
paid no money on said sale but purchased as the
Trustee In his own name but for the and benefit
OF Defendants Markey, Sherrerd and Tack that the
associates, who claimed that the said Algonquin
Company was Indebted to them In procuring the deed
OF trust and confession Of Judgment above mentioned
and In selling and purchasing said property at 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 properly 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
collection OF their claim although said Defendants
Marley, Sherrerd and Tack are liable. as Trustees
for all OF said claims. Said complaint, In addition
smith be adjudged and decreed to hold the property
above described the Belle Lode, with the mill and
improvements thereon and any right and title thereto
which he now has or may hereafter acquire by virtue
Of said SheriHs sale 10 him In trust TO be ny him dis
posed OF and applied as the Court may direct to the
payment OF the amounts due psintif from the other
defendants as above stated. and the satisfaction OF
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 benen OF plaintiff and to apply tbs
ZANE to amounts due plsLtih as above stated; that
plaintiff be declared TO have lien npon said property
Algonquin and Salmon a' and Ciir Extension No.
Lode claims purchased by Defendant sherrerd at
sheriff Sale, as above stated and that said lien 10
all otsaid property De so'd as provided by law and
the proceeds applied to the payment Of the amounts
due plaintiff and the Subtraction of the judgment
prayed for and that plaintiff have such other and fur
thrr relief In the premises the nature and ercum
stances OF tie case may require and as 10 equity be
long and recover his costs. All OF which fully ap-
pears ey the complaint on die; and further to recover
costs of suit.
And you hereby notified that II you fail to appear
and answer said complaint ss above required the said
plaihtif will take q default against you
snd app to the Court for the rehet demanded In said
PLAINTIFFS complaint.
~c Given updrr INV b.rd and tho ...t N the