Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1893-07-25
Notice for Publication.
TRnRtrORY on NEw MExrCo.l
THIRD JUDICIAL DISTRICT.
COUNTY or CHANT

Thomas W. Woodruff,
Albert 7. johnson, No. z8r. Chaucory.
Iucicn e. Warner and
Harris II. Hayden.
rVhe said defendants Albert r. johnson, Lu-
L cicn G.. Warner and Harris IL Hayden arc
hereby notified that q suit In chancery has been
commenced against them In said district count
by Thomas w. Woodruff, complainant.
The bill alleges that said complainant IN SEP.
tcmhcr, 1851. was the owner ~ an undivided
Ouc-hali Interest Ia and 90 certain mining claims
situate ln the Alnmina Mining District, Grant
County, New Mexico. known as Alunogen Nos.
/ TO 81. both Inclusive, aud 90 20 h2, both mclur
siye, that defendant johnson, in september,
1891. obtained n deed from complainant Ter MS
said interest In said mining claims, which deed
complainant alleges was delivered % said john
son solely as a mortgage 20 secure the payment
OF ave hundred dollars loaned by said johnson
to complainant; that said Johnson unudulcntlN
had said deed recorded rs an absolute aud ulis
conditional conveyance OF ,cO~nlplainants SAIL
interest In said clailns; that IN November, lVif
said Johnson iraudulrutly conveyed TO deicud-
ant Warner am undivided one fourth interest IN
aud TO said claims that said warner at tho
time Of said pretended Sonyey,ace 10 wv, MeI
knew that said johnson had 40 interest ~ sud
claims except such as hc held as mortgagee OF
complainant. The bill further alleges That thg
title % an undivided Oue-tOurth interest Ia said
Claims stands In tie mamie OF slil Johnson and
he asserts ownership th~crcto,-but complainaut
alleges Tint IN Justice aud equity sld johnson
holds said one fourth interest only t9 mnrtgtEeo
Of complainant as security Tor INC fepaynisht or
the s500.W SO loaned " conplninlht, Nhu the NJ
trrcst thereon, and Tor comptuilnlb proper
Tomato share u the actual cost OF assessnsht
work done for years 1891 lld 1872. The bill fur
Their alleges that sail defendants are now at
tempting to obtain n patent non tie United
Stltcs for said claims, and that Application lor
such patent IS now pending ~ the United states
land Office at las Cruces, New Mexico. Iio
bill prays that upon nnal hearing said convey
auce frrm said complainant 10 said Johnson Tor
said half interest In ana to said claims MAY DO
declared a mortgage e secure said loan Of I'VE
hundred dollars and thai upon the repayment on
said $4,000 together With legal interest thereon
and complainant 8 proper share OF the actual
cost of assessment work done Tor 1891 aud lst!t
that defendants johnson and Warner may each
be required by decree Of SAID court 70 fecoittey o
complainant free Of al ineumorances an ilndi-
yided one fourth interest in said mining ciaimsf
and IN the event that said court ENDS that said
Warner was q bona Ade purchaser without mo-
tice OF the undivided One-fOurth Interest fraud
ulently conveyed 10 him by sad Johnson then
me bill nreys'that complainant may have judy
ment against said johnson for the value OF lhe
| One-fourth interest 50 fraudulently conveyed To
| said Warner; that said value may be ascertain
ed by nrcOf TO be taken under order OF said COURT
] johnson for the value Of said one fourth inter
est, that the same or so much thereof as may no
necessary to set of against the amount due
from complainant TO said johnson LOT saiu loali
tile Interest thereon and complainant,s share OF
assessment work for years 1891 ana 1872. lie
| bill also prays for possession ana general relief.
And YOU the said Albert I. Johnson, Lucleh g.
| Warner and Harris IL. Hayden are hereby
appear ance IN said suit on tile hrst day oil the
nrXt November term Of this court (the same be,
Ing the 18th day Of November, 1881 to he held
| nd Silver city, Grant County, New Mexico. n &c
A~NAsrACiO BARtItA.
Clerk and Register IN Chanc0ry-
Sowi Soils. for Complt.