The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1895-07-06

trict Of the State Of Idaho, In and for III,
County Of kootenaL
LEO ScHwER. Plaintiff,
john I. VI. Pierce and George He
Wright, copartn-rs trading and
doing business under the firm
name and style Of Pierce Wright
Company; Hid. Skinner and T, Summons
Richards, co-partners trading
anu doing business under the arm
name and style Of Skinner. Rich
ards Company; J. W Proctor
ana Richard Thompson, Defend
The State Of Idaho, to John T. NJ Pierce and
Sto se H. { Wright, copartners trading and d.
business ur der the rrn name ard ,tyIe n pi.rr.
/ wright and tompaI y; ~. b. Skinner ard r r
Richards, eopa rtners trading an, doing business
u.l.e. tne urn maine and style VI SKINNER, Rich
arus 20; j. W Proctor and Richard Thomt,-
sou. defendants:
-. You are hereby. notified that there Is now on
ME IN the Office Of the clerk OF the district court
OF the First Judicial District OF Said ,t,te Il,
| RathdrIim, county Of KootenaI the com IaIpt of
the above named plaintiff, wherein it Ii alleged
tirt AT All the times mentioned in the complaint
| ,ef ants John 7. VI. Pierce and George n. e.
| wright were, and are eopartners trading and
dolis general loan and trust business at the city
% spokane. i'll the state u Washington, under
the hTm name Of Pierce, Wright and 20 that
~ an ne times mentioned in said complaint
sald H. ID. Skinner and T. Il. Richards were and
are eolartners, trading and doing a general loan
ana trust business at the city of Spokane, in the
Std,e OF Mashlneton under the Arm name Of
skinner, Richards & Go.
Ihat on the 9Th day Of October, 1891 plaintiff
vas and now Is the owner in Zee OF the following
d, bed lands and premises lying, being and
situate IN hootenai county, state OF Idaho, To-
wit: W.
The south west quarter OF section numbered
ten tiO' IN township numbered hfty-oue IsII
! north, OF range numbered four 90 vest Of the
Inist prihctpal MERIDIAN, according tO govern
Hient survey thereof
Ih1t on said last mentioned day plaintid ey
.cnten ana delivered his promissory note for
the sum OF $50 to said Pierce, Wright & Co, and
20 secure payment OF same he executed ark.
no~ie,iged and delivered to said Pierce. W rigbt
3 Co. his mortgage upon said lands and preIni,
81 a copy o. said mortgage, marked - xhiblt A"
thereof. -e part
That defendants, skinner. Richards & Co
Ne, Mr. present and took part and participated In
W all things connected with the s.im, acted n,
the, agents Of said Pierce. Wright Co. That
said mortgage was filed for record with the and
ltpr ana recorder Of said KOotrnai county on the
M nay OF November, 1891, aud was duly re-
a az the ~ yos q on page
from time to time az they became due, plantir
paid the lnstaIments Of interest till the 2st day
81 June, 1895. when plaintiff paid the PRINCIPAL
and last installment OF interest, thereby ,'iiiu
paying and discharging said note and MORTGAGE,
mat az 81 said installments and principal were
pau by piaintin into the hands OF said Skinner
Richards & Co, who receipted for the saInc In
the name Of Pierce, Wright & 90. That pIaintin
fully paid and discharged said note ami mnr,
gagc according To the strict terms thereof That |
after maturity of said note and mortgage. after !
the saIne had been paid and satisfied, said de- /
IL
anu hnIawiully cODspireh and confed.rated To- /
gethtr, and each with the others, to cheat and
neirand plaintiff. and To fraudulenlly compel
iIh u pay sali note and mortgage a second /
Tune and to defraud him 81 said lands and prem
lseS, ana To that end made n pretended assign
ment 81 said mortgage Ia said defendants Pr,s
tor and Thompson, which said assignme1t wa,
haSed On November End 1891. the day when .aid ,
mortgage was filed for record as aforesaid. That
knowledge Of the fact that plaintiff had maid
said note and mortgage as aforesaid, but parti-
c,lated In SAIL fraudulent assignment iodefrand
p.iaintln AS aforesaid. That said pretended as
signment WAS not made In good iaith Int wa,
and !, sham. fraudulent and fictitious, without
any consideration moving therefor, and entered
Into by all Of said defendants in order In defra,d
plaintiff as aforesaid; that said assignment was
npt Ned Tor record with said auditor and record
rr tiil the 18th day of February, lSH, when the
stinc WAS duly recorded In book a. Of assign
hent n MORTGAGES, on page i+G, Of the record,
and satisfaction of said note and mortpag. hv
RiaintiH as aforesaid. nor had plaintiff any no.
NEE y, nf S,hsr"i,s eoPy # saia assign
hrhed hereto and made n part thereof. That
said mortgage and said ASST gnm-nt of MORTGAGE
s ,, remains nnsatshed Of record, and cloud
acts, plaintiff has been compelled to emtiyy
,tIisel 70 bring and prosecute this action. al
able attorneys fee and in which sum he ha. been
MANAGED. That plaintiff Is entitled to receive
l .ms you the further sum Of soo a. Inundated
,tatutes Of Idaho for the acts above complained
And you are also notified that miles. vo, NJ,
pear and answer tn said complaint within Tn
lays after service hereof, II served within Koot.
,iial county, aud within twenty days II served
W 81 said county. but within said Judicial dls
rlct, and within forty days. II served out Of sad
',stri.t. exclusive 81 the day Of service the
'laintii VIII apply to the court for the relief de
nanhtd III said complaint, to wit: For a l,,Jg
nent t..ai said mortgage DE declared fully raid I
nn sttisned that defendants give up said mort
.'2e 10 I've cancelled: that the same lie satIsdeJ
! record: that said assignment If mortgage he
wen ,lp 70 hc cancelled and satisfied II record
M thai the cloud upon plaintiffs title he re-
moved Tor said several sum. Of money arnnun, |
" , IN tiie aggregate to the sum u s22 and fnr
' ntiier aud further relief as To the court NAV
ecin meet and just and for costs ~ suit
G!'eh under my hand aud the seal Of the III.
~ court 81 the First judicial district 81 the
mai, this 2ist day Of Jun. A. D. iss, /,
iSEALI RDET. :. BEAGAw, h,
y ,-- Clerk D'
.'.-.-' TO-. 90 i.-tfatIN. TIiaFF. "a