The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1895-08-10

:
/ County Of kuOtrnai
LEO SCHwER, Plaintiff,
I John T. VI. Fierce and George Nc
I wright, copArtncrs trading and
doing business under the Arm
nlnlr and style 4 Fierce. Wright
Company; III l.-.ktunrr and >umn1u,
Rch CO. partners trading
AMI doing business under the nrIn
name and style Of Skinner Rich
ards i Company J. " Proctor
and Richard Thompson, Defend
aHta.
The state ~ Idaho, 10 John VI Pierce and
George H. q. Wright, cOpartnrr, trading and d.
business under the hrIn name and style u Pierre
Wright and Company; II. u. Skinner and T r.
hlchdrdt, cupa liners trading and doing business
under the nrm name and styis n Skinner RI,.l.
arHs o. j. W. frU,tor and Richard rhomt-
sou, Pendants
You are hereby notified that th.r. Is now 90
Me "a The Office II the clerk Of the district court
81 the First Judicial District u said STAT In
kathdrum, county 81 kootaulil. tina complaint 81
th- above named plaintiff. wherein IL is alleged
tAit al all the times mentioned in the COMPLAINT
defendants John T. VI Pierce and t,.orv, n a.
wright were, and are eopartn-ry trading and
nohs general loan ana trust btsin-ss 1t the city
OF spokane, IN The state Of " darlington under
the arm name Of Pierce, Wright ami Co thai
al all The times mentioned tn said cOm.,,a nj
t.id ii. ID. skinner and T. d. Richard, we're and
are copartn-rS, trading and doing a general loan
ana trust business at the city u Sposanr In ths.
state OF Washington under the arm mains. 1f
skinner, Richards s Go.
That On the 9Th day % October I5Vt rl,ip,iH
was and now i the owner In te- Of IN, ,.,llnwtuv
scrtb-d land, and premises wing being and
sih4ate IN ho"ttn4ii county, state u idaho to.
The south west quarter OF section numbered
zen lDi; In township numbered nfty-nns 81
north, OF range numbered four g. wg,t II m.
Boise principal MERIDIAN, aecordin. u govern
ment survey thereof
That on said last mentioned day plaintiff -.
ecuted aud delivered hi, prpmtssory note o.,
the sum Of S2i.J tD said Pierce Wright 90 and
70 secure payment Ut same h. executed, ars
no~lcdged and delivered Ia said Pierce, Wright
y 20, ms mortgage upon said Land. and nryrnts
81, copy Of said mortgage. marked = Xhihit A"
= ann Hed 10 the complaint and made \ part
That defendants skinner. Richard, L 70
we're present and took part ard particIpai.d In
Inc drawing up Of said note and nortxlg. and
u, ~ an tn,ng CONNECTED With the same acted 4,
s;iii mortgage was filed Tor record with the aud.
nor ana recorder Of said kOTtsuai county on the
.td day OF N0vember 1871, and was duly re-
corded IN volume 81 mortgages on pag, III 7
at the request 81 said Pierce Wright & 20 That
from tan- to time a. they became due Illintir
pi'n the INSTRUMENTS 81 Interest till til. 2tt day
u June, 1894. when plaintiff paid tho principal
and last instlllmsnt Of Interest thereby f,iIIv
paying and discharEinS siid mote and mortgage.
that al, of said installment, and prinrtnai a..
pad by plaintiff into the hands III aid skinn,r
i'fhaTfs & Co, who recript.d for the ,aIno In
M name of Fierce, Wright aCo. That piaintia
Iu!Iy paid and discharged said note and mott
sagr according tD the strict terms thereof Th,t
titer maturity Of said note and mnrtgag. After
ne s.tine hai been paid and satisfied said de-
shdants and each and al 81 them frandulsntlv
md unlawfuly conspiTed and CONFEDERATE, ~,
Stthcr and each with tho others to cheat AMI
leraud plaintiff, and 10 fraGdIlcntly compel
am To pay said note and mortgage a sscnnd
Ifnc and to defrand him OF said land, and nrrm
US, and To that end mad. \ pretended assign.
hrni Of ,ad mortgage to said defendants Froc-
~ ana thompson, which ,aid assignment vas
lated on November 2nd 1901. III. day when saII
mortgage was Med for record as aforesaid Tha, ,
SUI ,i fLpf"f and Thompson had notice aud
~ net al tI.1r
ald note and mortgage a. Aforesaid. but parti.
ipa1.d IN SAIL fraudulent assignment to deirand
arlne,n az Aforesaid That said pretended a.-
iz,ihs ny was not made In good faith, but wa,
hd IS sham. fraudulent and fictitious, without
~ conservation moving therefor and entered
~ " Az Of AID defendants In order To detrand
la'nul a. Aforesaid that Said assignment vas
~ nIe'I tpr record with said auditor and record
va the 18th day u February is1 when In.
, en-, "a !. duly recorded in book Of assign
M % MORTGAGES. on page ttS, of the record, =
SsIh county, long subsequent TO the fayInent :
ih .iti'fartIon 81 std note and mortgage by
.. .'i ,t,a, s Aforesaid nor had plaintiff any no
snt Of mortgage, marked "E1hibt r. i i sn-
yea hereto and made part thereof That
IN ana aid assignment Of mortgage ii
on plaintiffs title. That by REASON Of v,,,r =,
Is, palhtiG has been compelled 10 employ v,
II ~ 10 ~ D,ihg ana prosecute this action, at
ie attorneys lee and in which sum he h.. been r.
,,o so lhat plaintiff is entitled to receive OF
80 sum ~ sliD, AZ lIpVldated
images provided In Sec. lGA Of the keyI.ed of
itutes Of Idaho for the acts above Complained "a
Nhi you are also notified that unless Won An
~ am answer 70 said complaint within Ten IN
v after service hereof, II served within Knnt In
y county, and within twenty days, II served u,
~ stid county bwt within said judicial dis
~ and within forty days II served out Of aid fe,
itiaWa exclusive 81 the day Of seryiceJ, In. de
Ii,in VIII apply tO the court for the relief dc.
n n. IN Said complaint, to Wit Por a lndg "a
I'l ubaI -iih mortgage be declared fully Daid he
! satsned that defendants give up said mari, L.,
2 10 be cancelled that the same be sati,ned IN,
t"fh thu said assignment NJ MORTGAGE IN. nc
T. w W he cancelled and satisfied nf record del
lnd, W" cloud upon plaintiffs title be- re-, s.t
,ea i'r SaId several sums of money amount /
~ the aggregate To the sum Of WI. and N, l,.l
= otheI ana further relief as Ia the es,urt NAV no,
~ meet and Just, and for costs Of suit IN,
wen under my hand and the zeal Of the dis i.
court % the First Judicial District nf The in,
i ~. ~ inaho, IN and for the county Of koot.
!, ms 2,st day Of June A. d. 1856 tim
''hNhI ROBT. y. BRAGAw. be
ycP,y,. Clerk
A'1rr"v fnr I'Iaintih .Iuiva Ia, ~