Cottonwood report. [volume] (Cottonwood, Idaho) 1893-1901, 1898-05-20

Ia tho (icsttSt %Sttps ~FS'A4 y Aat-
cial District, State OF Idaho, in
and for the County OF Idaho.
J. > Rh0ad'' yps Plaintiff
D. A. Mcdonald, G. +. Mcdonald
M. E. Komers, J.. Komers,
S.A. Shields and M. j. Shields, de-
fendants, SUMMONS:
The State of Idaho to d. A. Mo.
Donald, G. +. Mcdonald, M. E.
Komers, ]. F. Komers, s. A. Shields
and NJ. J. Shields, defendants.
In the name Of the people Of the
State OF Idaho, you are hereby
notified that there is now m iiie 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 j. s. Rhoads against you. This
action is brought to obtain sle4
cree for specific performance Of
certain written bond and agree
ment, for the sale and deciding a five.
twelfth interest il and to the Ozark
Mining claim, situated in Florence
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 ID. A. Mcdonald
@. F. Mcdonald, M. e. Komers, J.
f. Komers, 5. A. Shields, and M. J,
Shields, to and in favor of plaintiff,
said agreement bearing date Novems
% 1895, and recorded October 9th,
1897, in book Q 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 on April LIST 1897.
Five hundred dollars on October 1st
1897, FIVE hundred and seventy
dollors on Jan. 1st 1898, together
with interest at ten per cent per
annum from maturity from all said
installments respectively, the SAND
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 COM
veyance OF said property with full
knowledge Of said liens, and said
bond and agreement. +
The plaintiff pfays decree and
judgement that the said defendants
ID. A. Mcdonald and M. ID. Komers
and G. F. Mcdonald and J.F. K6I
mers may be adjudged to sell and
convey the said five-twelfths inter,
est in said Ozark mining claim, and
the ohe fourth interest III Ill mining
machinery mentioned in the saih
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 conveyahce therefore To
him, and the said conveyance be de.
clared and decreed prior and supe:
Tor to the title of the defendants, 8;
! A. Shields and M. J. 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 id
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 bondj
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 fof
the costs Of this action, as will moro
fully appear in the complaint herei
in, to which you are referred, and
that unless you appear and answer
the said complaint; in ten days aftet
service thereof, if served In Idaho
county, within twenty days if served
out Of the county, but within said
judicial district, and within forty
days If served out Of said district, ex5s
elusive Of the day of service, or the
plaintiff will take default against
you, and apply to the court for tho
relief demanded in the said COM
plant, n
In. testimony whereof; 7, A. w,
darlington clerk Of the said District
Court hersunto set my hand and afi
fixed the. seal Of said court, at
Mt.Idaho this the 9th day Of Febri-
airy 8, Al, D. 1898. So,
l [...l A. w! TALgINaTcN
seal Clerk Of District Court
FoaG and NUaENT,
Attofneys,for plaintiff. n
Order Of publication dated April
Dist. 1898.