Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1893-08-08
Notice for Puoucat,on
TEnnIroRy or NEW MEXICO.
THIRD JUDICIAL DISTRICT.
LnuNIY on uuANL
No g,7 chancery

nouns W Wouutuuf
Albert johnson, No asiT. chancery
Lucien Z. Warner and
Harris II Hayden.
UNho. said defendants Albert r.. johnson. ~
Il cien O.. Warner and Hafris a. Hayden nrC
hereby notified that a salt In chanccry has been
commenced against them IN said district court
by Thomas w. Woodruff complainant.
The blt alleges that said complainant .n Sep.
TENDER, 1891, was the owner Of an undivided
one-hali Interest IN and % certain mining claims
situate On the Alumlna Mining District, Grant
County, New Mexico. known IS AlunoEen nos
4 to 81. both Inclusive. and 80 TO 62, both inclu.
1891. obtained q deed from complainant for hls
said Interest On said mining claims, which decd
complainant alleges was delivered to said john
son solely as a MORTGAGE 20 secure the pHymcut
of Ave hundred dollars loaned hy said johnson
90 complainant; that said johnson frauduleniiY
had slid deed recorded as an absolute aud un.
conditional conveyance OF cOmnlainants said
interest In said clllIus. that IN November, i@l
said johnson naudulently conveyed TO defend
ant warner an undivided Ouc-tourth interest lm
aud 20 said claims that said Warner at Che
time Of said pretended conveyance 60 him. we'll
knew that said johnson bad no interest in said
claims except such us. he held as morig1geo o.
complainant. Tho bill further alleges That tho
title to an undivided one fourth interest la said
claims stands 10 the mime of said Johnson and
he asserts ownership th~cretO,-hut complainant
holds said onc-i0urth interest only as mOrigagec
OF complainant as security Tor the repayment ~
the 10000 SO loaned TO complainant, aud the iu-
1871 ..A - ELH"
tionate share Of the actual cost Of assessment
work done for years 1891 and 1872. The bin fWa
ther alleges that said defendants are now CO
tempting TO obtain a patent from the United
States for said claims, and that application f0t
such patent IS now pending ~ the United otltes
land Office at Las Cruces, New Mexico. ~
bi1 prays that upon final hearing said COuvc1
ance ir8m said complainant 90 said Johnson o.
said half Interest in ana 20 said claims may
declared 70 mortgage % secure aalu loan OF IN
hundred dollars; and THAI upon tho repayment ,
said S600.O0 together with legal interest Thereon
and complainant proper share Of the QctOHA
cost Of assessment work done for 1891 and is
that defendants johnson and Warner may caCi
be required by decree OF said court to recOnyey 60
complainant free Of all membranes an IND
Yidcd one fourth interest In said mining claims
and m the event that said court finds That halu
Warner was a bona nde purchaser without nos
uce Of the undivided one-fOurth Interest fraud
ulently conveyed 20 him by said Johnson, then
the bill prays that complainant may have iadr
meut against said Johnson for the value OF tho
One-fOurth interest 80 fraudulcntly conveyed o.
said Warner; that said value may be ascertain
ed by proof TO be taken under order OF said coutti
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 Dc
necessary 10 set Oh against the amount due
from complainant to said Johnson for said loan,
the Interest thereon aud complainant's share Of
assessment work for years 1891 and 1892. The
bill also prays for possession and general relief
Aud you the said Albert L. Johnson, Lucien G..
Warner and Harris II. Hayden are hereby
appearance In said suit on the first day OF the
next November term OF this court Ohe same be-
ing the 18th day Of November, 1902 to be held
at silver City, Grant County, New Mexico, a de-
A~NAsTACIO BARELA.
Clerk and Register In Chancory,
William B, Brack and John r. Merle,
3Owl Soils. for COmplt.