The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1894-08-30

Is. Wilson, willard III. Harris, No. SIP
Francis A. Abernethy. trus-
tees for the creditors Of Rem
Z. snipes and Ben +. snipes.
Defendants.
The State OF Washington to the above named de
PENDANT, Silyanus II. Maxon:
You are hereby summoned to appear within
twenty DAYS after service OF this summons, to.
wit Within twenty days after the 23rd day OF
August A. d., 1894 (which day will be the date Of
the last publication hereuf,) exclusive of said
named day. ana defend the above entitled action
In the court aforesaid; and In case of your fail
ure so to do, judgment will be rendered against
you according TO the demand In the complaint,
which win be filed with the Clerk OF the said
Court. The nature aud object of said action il
to establish the fact that prior to the 10Th day of
August, 1873, you, Sllvanus II. Maxon, settled
upon the west half OF the northwest quarter and
the northwest quarter OF the southwest quarter
of section twenty-five In township eleven north
ranve 20 east Of the Willamette Meridian situate
IN Yakima county, state of Washington, under
and ia pursuance OF the provisions Of the act of
Congress approved May 10th. 1862. relative to the
public lands uf the United states and commonly
known and called the Homestead Law"
that thereafter You fully complied with the pro-
visions OF said law, aud that on the 10Th day of
August. 1878, the United states granted aud con
We, ell ,aid land 10 you by Pave I That there
after I'm the year 1878, the said patent was filed
for record and recorded in the records OF said
county kept for recording deeds and other con-
veyances Of land. In the Office of the Auditor of
said county: and thereafter said patent was
lost. or by inadNer ence or accident, Destroyer
VI A..
You were the owner. as your sole and separate
estate. of said land. and In the possession of the
whole thereof. That ON the-day Of
A. d., 1872 you. together with your former wife,
under the name of Amanda NJ. Maxon. and now
the defendant Amanda lrby Jennings, for val
liable consideration, conveyed by decd said land
and the whole thereof, to one George W. Good
win, tnow deceasedD and that you and said
Amanda irby Jennings in said deed covenanted
| to and with the sa Id Goodwin TO warrant and
defend the said land and premises unto the said
Goodwin, his heirs. executors, administrators
and assigns, against all persons wnomsuever
| lawfully claiming or TO claim the said land or
any part thereof; that said Goodwin INN ed late
| ly entered Into possession OF said land and he
came and was the owner thereof as his sole and
| separate estate That the title to said Land, by
| sundry mesne conveyances became yeste in A.
l.. HantOrd. the above named defendant, and
| that said Hanf0rd is now the owner of said land
| and In the possession thereof and the whole
| thereof hat the said deed from yourself and
| said defendant now known as Amanda lrby
Jennings was, subsequent to the execution
thereof. and In the year 1879 Il ed for record in
| the Office of the Auditor of Yakima county. and
recorded in the records OF said county. kept pur
| susnt to law for recording conveyances Of land
| ri uated in said county. aud the said deed was
thereafter lost, OF by accident or inadvertence
destroyed, and cannot now be found. That
thereafter, and in the year 1882, the building in
which was then situated the office of the Audi
| tor of Yakima county and the records OF said
county. kept pursuant to law for recording con-
veyances of land Aforesaid, and in which was
recorded the said patent from the United States
to ourself, and the said deed from yourself
| and Amanda Irby Jennings to the said George
w. Goodwin, was burned by fire and totally de-
stroyed; and that on the 2Sth dav of december,
| 1880, the said patent and the said deed to said
Goodwin were each and both of record in the
office of the Auditor OF Yakim county and re-
corded in said records kept for recording con
veyances of land within said county, and that
at said time said Goodwin was the owner, in his
own right, his sole aud separate estate, OF the
said land aud the whole thereof. and had good
right to sell aud convey the same; that on said
| last named day the said records OF said Yakima
| county in the office OF the said Auditor of said
county showed the said Good win TO be the owner
| OF said land; ami the object of said action is,
further, TO exclude yourself, together with each
aud all of the other defendants, save Hanford,
| from any interest in or lien upon said land
whatsoever; and to obtain from said court such
other and further different relief is equit-
able and just II the premises, pursuant to equity
| jurisprudence.
The postoffice address of Messrs. Whitson &
Parker, of the attorneys for said plaintiff, at
which any anwser other papers In said action
NAV be served on them by mail or otherwise. Is
| The First National Bank Building, North Yak
| ina, Yakima County, Washington.
| ELDER & HARDIN and
| WHITSJN & PARKER.
2j7w Attorneys for Plaintiff.