Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1893-08-01

1880
Thomas W. woodruff,
Albert 7. johnson, mo. 2sl7. Chancery.
Lucien G. Warner and
Harris H.. Hayden.
TNhei said defendants Albert T. johnson, Lu.
l. oten @. Warner and Harris H.. Hayden are
hereby notified that q suit In chancery has been
commenced against them in said district court
by Thomas w. Woodruff, complainant.
The bill alleges that said complainant In Sep
TENDER, 1891, was the owner of an undivided
one-half interest In and to certain mining claims
situate In the Alumtna Mining District, Grant
County, New Mexico, known as AlunOgen Nos.
/ to 81, both inclusive, and 43 TO 50, both inclu-
stve; that defendant johnson, In September,
1891, obtained a deed from complainant for his
said Interest in said mining claims, which deed
complainant alleges was delivered TO said John
son solely as a mortgage to secure the payment
OF five hundred dollars loaned by said johnson
20 complainant; that said johnson fraudulently
had said deed recorded as an absolute and un-
conditional conveyance OF cOmplainant's said
.lnterestdn said claims; that in November, 1891,
SAID johnson fraudulently conveyed TO defend
ant warner an undivided One-fOurth interest in
and TO said claims that said Warner at the
time Of said pretended conveyance to him, well
knew that said johnson had no interest In said
claims except such as he held as mortgage OF
complainant. The bill further alleges that the
title to an undivided One-fourth interest in said
claims stands In the name OF said johnson and
he asserts ownership theretO,-but complainant
alleges that IN Justice and equity said johnson
holds said OnefOurth interest only as mortgage
OF complainant, as security for the repayment Of
NV M@NNahA ~ AaNNAAA ~ kaAAN NAAANAAN NAAA NNAl III
terest thereon, and for cOmplainant's proper
tiOnate share OF the actual cost Of assessment
work done for years 1891 and 1892. The bill fur
Their alleges that said defendants are now at
tempting 70 obtain q patent from the United
States fer said claims, and that application for
such patent is now pending in the United States
land ONCE at Las Cruces, New Mexico. The
bill prays that upon final hearing said convey
ance from said complainant to said johnson for
said hall interest In ana TO said claims may be
declared a mortgage TO secure said loan Of FIVE
hundred dollars and that upon the repayment Of
said $4,000 together with legal interest thereon
and complainant's proper share OF the actual
cost OF assessment work done for 1891 and 1892,
That defendants johnson and Warner may each
be required by decree Of said court to recOnvey TO
complainant free OF all membranes an undi-
Yided one fourth interest In said mining claims;
and IN the event that said court finds that said
warner was q bona hde purchaser without no
tice OF the undivided One-fOurth interest fraud
ulently conveyed to him by SAID johnson, then
the bill prays that complainant may have judg-
ment against said Johnson for the value OF the
One-tOurth interest so fraudulently conveyed to
said Warner; that said value may be ascertain
ed by proof to be taken under order Of said court;
and that In the event Of a judgment against said
johnson for the value Of said one fourth inter-
est, that the same or so much thereof as may be
necessary TO set of against the amount due
from complainant TO said johnson for said loan,
the Interest thereon and compliments share Of
assessment work for years 1891 and 1892. The
bill also prays for possession and general relief.
And you the said Albert I. johnson, Lucien q.
Warner and Harris H. Hayden are hereby
further notified that unless you enter your
appearance In said suit on the first day Of the
next November term Of this court Qhe same be-
ing the 18th day Of November, 1882 to be held
at Silver City, Grant County, New Mexico, a de-
cree pro cOnfeSsO will be entered against you.
.ANAsTACIO BARELA,
Clerk and Register In Chanc0ry.
William j. Brack and John r. McFie,
3Ow4 Soils. for Complt.