Sierra County advocate., 1895-06-28
First Publication June, %, 1895. I
NOTICE OF SUIT.
In the District Court of the Third Judi
cial District Of the Territory OF New
Mexico, in and for Sierra County:

Cihl l'ibhiC1 Vi Tue letltory oil New
Mexico, in and for Sierra County:
Leyen Il. Armer, Complainant,
vs.
Carlos r Armer, Charles H. 0rt-I
man, Edward q. Van Husen,
John $. Rankin and g. NJ, Har-
mon, Partners in Mining In and
Under the Name of the Gipsey
Mining Company, Defendants.
The above named defendants, Carlos
Il, Warner, Charles l. 0rtnan. Edward
G., Van Husen, John 8 Rankin and
O M. Harmon are hereby notified that a
Suit in Chancery has been commenced
against them as partners in mining Ia
and under the name of the Gipeey Min
ing Company, in the District Court
aforesaid, by the above named COM
plainant, I.oven +. Armer, TO foreclose
his miners claim Of lien on the Gipsey
Mine and Mining Claim situate in the
Black Range Mining District, in County
and Territory aforesaid, to satisfy aud
pay to said complainant for work and
labor done and performed by him for
you on said mine and mining clain
the sum OF Eight Hundred and Nine
Dollars t$S0900) with legal interest
thereon from the first day OF July, A. j.
1894. until paid, for costs of suit, includ-
ing Register's or Special Masters fee,
charges and costs of sale, and costs OF
verifying, filing and recording SAID claim
OF lien and also for reasonable solici-
tors fee for foreclosing said claim OF
lien, and praying that bis SAID claim Of
lien may be adjudged and decroed to be-
a valid and subsisting lien on said Clip
sey Mine and Mining Claim, and tha
whole thereof together with all the
thereon; that the whole
of said mine and mining claim be deemed
to be necessary for the convenient use,
occupation and working Of the same;
that in the event said sum of Eight Hun
dred and Nine Dollars, interest thereon
and the costs, charges and fees above
specified are not paid within ninety days
after the entry OF the decree in said suit,
that said mine and mining claim and all
the improvements thereon, be sold by
the Register in Chancery, or by a Special
Master appointed for that purpose, for
cash, at public vendue. after giving
notice thereof according to law, and that
out Of the proceeds OF said sale SAID
Register or Special Master pay to com
or to his solicitor, first the
costs of suit, including Registers or
Special Masters fee and costs OF ssid sale;
second, c0mplainant's solicitors fee, and
hird said sum Of Eight Hundred and
Nine Dollars, and the interest then due
hereen, or 80 much thereof as the
purchase money Will pay OF the same,
md If not sufficient to pay the whole of
iaid pum OF money, and the interest then
iue thereon, that complainant have
lefsonal Judgment against you and each
me OF you, for such deficiency; that
lpon the sale Of said mine and mining
lain tho title thereto be divested out oil
aid Carlos II. Warner and vested In tho
lGrchaser or purchasers thereof, and that
aid Carlos T.. Warner and all persons or
,arties claiming by, through or under
i'm, subsequent TO the 26th day OF
'ebruary, A d. 1892, either as pur-
haaer, inoumbTancer, or otherwise, be
lecreed to be forever barred and fore
,losed of all right, title, interest, claim
md equity Of redemption Of in and TO 4
aid mine and mining claim and prem
SEES and the improvements thereon, or 3
0 any part thereof; that said Register or
Special Master execute and deliver
Iced TO said mine and mining claim and
iemises and improvements TO the purs
haser or purchasers thereof, upon the
'ayment of the purchase money there's
or; that the purchaser or purchasers be
Ell into the possession Of said mine and
mining claim and premises, upon the
reduction Of said deed therefor; that
he complainant or any other person or
arty may become purchaser at said
ale; that costs of suit and sale and
olctor's fee be allowed complainant
ut Of the proceeds OF said sale; that
aid Register or Special Master take
eceipts of complainant, or Of his solici-
or, for all sums OF money paid him out
( the proceeds of said sale, and file said
eceipts with his report, and il there DO
ny surplus money that be bring the
anne into Court without delay, and II
here be deficiency that he report the
anne, and also praying for general
elief
That said defendants are further
otiied that unless they enter their
ppearance in said suit on or before the
ret Monday in September, A ID. 1895,
being a return day Of said Court, a
scree pro-confesso viii 90 entered in
I'D suit against them and each of
em
Dated June A. y. 1895
w, B. WALTON,
Clerk of said District Court,
A. b ELLIOTT, 3