Cottonwood report. [volume] (Cottonwood, Idaho) 1893-1901, 1898-05-27


In the District Court, SECOND Judi.
cial District, State of Idaho, in
and for the County OF Idaho.
! s Rh0ad'' J plaintiff'
d. A. Mcdonald, G. #. Mcdonald
M. E. Komers, j. #. Komers,
S.A. Shields and M. J. Shields, do.
fendants, SUMMONS:
The State of Idaho to d. A. Mo-
Donald, G. r. Mcdonald, M. q.
Komers, J. #. Komers, s. A. Shields
and M. j. Shields, defendants.
In the name Of the people OF the
State of Idaho, you are hereby
notified that there is now on file in
the office OF the Clerk Of the Dis
trict Court OF the Second judicial
District, State Of Idaho, in and for
the County of Idaho, the complaint
of ]. s. Rhoads against you. This
action is brought to obtain a de.
cree for specific performance of q
certain written bond and agree
ment, for the sale and deciding a fives
/ twelfth interest in and to the Ozark
Mining claim, situated in Flofence
Mining District. Idaho County,
Idaho, together with all the APP.
purtenances thereto belonging, and
one fourth interest in all machinery
placed thereon, made and executed
by said defendants d. A. Mcdonald
G. F. Mcdonald, M. Il. Komers, J,
#. Komers, S, A. Shields, and M. ],
Shields, to and in favor OF plaintiff,
said agreement bearing date Novem-
% 1896, and recorded October 9th,
1897, in book 2 of mining deeds,
page 219, said bond and agreement
having been given plaintiff to secure
the payment Of the sum OF Two
Thousand dollars, in four INSTALL
ments; Four hundred and Thirty
dollars on Jan. Sd 1897, Five huns
bred dollars Oh April LIST 1897,
Five hundred dollars on October LIST
I, 1897, frye hundred and seventy
dollors on Jan, LIST 1898, together
with interest at ten per cent per
annum from maturity from all said
installments respectively, the same
being.for balance due plaintiff from
said defendants as part purchase
price of said mining claim and for
which he also claims vendors lien on
said described real estate, it being al
eyed that said defendants S. a..
Shields and M. J. Shields took con-
veyance of said property with full
knowledge of said liens, and said
bond and agreement.
The plaintiff prays dearee and
judgement that the said defendants
d. A. Mcdonald and M. e. Komers
and G. f. Mcdonald and il Ko-
mers may be adiudged to sell and
convey the said fve-twelfths inter-
est in said Ozark mining claim, and
the one fourth interest in ali mining
machinery mentioned in the said
bond that has been placed on said
mining claim for the purpose Of
working the same to the plaintiff,
and to execute good and sufficient
deed and conveyance therefore to
him, and the said conveyance be de,
clared and decreed prior and supe,
ior to the title of the defendants, s,
A. Shields and NJ. ]. Shields in and
, to the property last mentioned, OF
} that in lieu thereof that the said de-
PENDANTS or any of them, may at their
option pay to the plaintiff the said
sum of Two Thousand dollars
, and interest thereon as provided in
the said bond, and the said defend
ant, and each of them, and all claim
ing under them or either of them
may be for ever barred, and forever
closed in default of the payment
aforesaid of all interest in and to
; said property described in said bond,
or in and to any part thereof, and
that the plaintiff be decreed such
other and further relief as may be
equitable in the premises, and for
the costs of this action, as will more
Z fully appear in the complaint here
= in, to which you are referred, and
that unless you appear and answer
the said complaint, in ten days after
D service thereof, if served in Idaho
county, within twenty days if served
out of the county, but within said
8 judicial district, and within forty
8 days if served out of said district, ex-
. elusive of the day of service, or the
plaintiff will take default against
you, and apply to the court for the
2 relief demanded in the said COM
plant.
In testimony whereof, I, A. w.
: Talkington clerk of the said District
Court, hereunto set my hand and af-
q fixed the seal of said court, at
. Mt.Idaho this the 9th day of Febru-
airy 8, A. d. 1898.
SEAL A; W. TALeINeToN