The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1894-07-19
SUM MONS.

In the Superior Court of the State of Washing
ton, for the County of Yakima
Alice s. Hill, Plaintiff,
A Z. Hanford, silvanus H.
Maxon, Amanda lrby Jen-
nings. I. N. Power, as Receiv In Equity.
er Of Ben r. Snipes; Robert
b. Wilson, willard II. Harris, No. $40.
Francis A. Abernethy, trus-
tees for the creditors Of Ben
L. snipes and Ben K. snipes.
Defendants.
The State OF Washington to the above named de-
PENDANT, Silvanus H. Maxon:
You are hereby summoned to appear within
twenty days after service Of this summons, to-
August, A. D., 1894 (which day will be the date of
the last publication hereby exclusive OF said
named day, and defend the above entitled action
In the court aforesaid; and In case OF your fall
ure so 10 do, judgment will be rendered against
you according to the demand In the complaint,
which will be filed with the Clerk OF the said
Court. The nature and object of said action IL
to establish the fact that prior to the 10Th day Of
August, 1873, you, silvanus II. Maxon, settled
upon the west half Of the northwest quarter and
the northwest quarter of the southwest quarter
OF section twenty two In township eleven north
range % east of the Willamette Nerd ian, situate
In Yakima county. state of Washington, under
Congress approved May Goth. 1852 relative to the
public lands of the United States and commonly
known as and called the Homestead Law"
visions of said law, and that on the 10th day of
August, 1878, the United States granted and con
veyed said land TO you by pa'eI {. That there.
after In the year 1873, 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 inadver'ence OF accident, destroyed;
that on the said 10th day OF August. A. D., 1873.
you were the owner, as your sole ana separate
estate. of said land. and In the possession OF the
whole thereof. That on the--day Of ,
A. D., 1879, you. together with your former wife.
under the name of Amanda NJ. Maxon, and now
the defendant Amanda Irby Jennings, for a val
liable consideration, conveyed by deed said land
and the whole thereof, 10 one George W. Good
win, tnow deceased) and that you aud said
Amanda Irby Jennings in said deed covenanted
TO and with the said Goodwin to warrant and
defend the said land and premises unto the said
Goodwin, his heirs. executors, administrators
aud assigns. against all persons whomsOeyer
lawfully claiming or to claim the said land or
any part thereof; that said Goodwin immediate
y entered Into possession OF said land, and be,
separate estate That the title to said land, by
mndry mesne conveyanees became vestef in A:
+ Haniord, the above named defendant, md
and In the possession thereof aud the whole
! thereof hat the said deed from yourself aud
said defendant now known as Amanda iTby
thereof, and In the year 1879 filed for record in
the Office Of the Auditor Of Yakima county and
recorded IN the records OF salu county, kept pur
suant to law for recording conyeyances of land
81 uafed In said county, and the said deed was
thereafter lost, OF by accident or inadvertence
destroyed, and cannot now be found. That
thereafter, and in the year 1892, 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
veyapees of land aforesaid. and in which was
recorded the said patent from the United States
to yourself, 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 18th day of december,
lso, the said patent and the said deed to said
Goodwin were each and both OF record in the
ofice of the Auditor OF Yakima 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 as his sole and separate estate, of the
right to sell and 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 vim 10 be the owner
OF said land: and the object of said action is,
further. to exclude yourself, together with each
and all of the other defendants, save HanfOrd,
from any interest In OF lien upon said land
Whatsoever; and to obtain from said court such
other and further or different relief as is equit-
able and Just in the premises, pursuant to equity
jurisprudence.
The postofiee address OF Messrs. whitson &
Parker, of the attorneys for said plaintiff, at
which any anwser or other papers In said action
NAV be served on them by mail or otherwise, 10
The First National Bank Building, North Yak
lima, Yakima County, Washington.
ELDER & HARDIN and
MHlTs0N & PARKER,
257w Attorneys for Plaintiff