Kootenai County Republican. (Rathdrum, Idaho) 1899-1903, 1900-02-23

declared null and void amy and all interest
right, title or estate in and to said mining
property claimed hy the said defendants, Ed
ihund :. biarn and Charles III. Wolf or ell her
~ them, aud for general relief The said suit
\ brought MISUNDERSTANDING ground l io-wit:
That said quit claim deed was executed FOR
the consideration OF the ayment by the de-
fcndant, John \. Manly. OF a large amount Of
INDEBTEDNESS to-wtt, the sum OF four thous-
and seven hundred seventeen and ~ idn
Si'.-N dollars, due and owing from the CO.
partnership formerly existing between the
plaintln aud The said defendant John A
Manly, aud the release aud discharge OF The.
plaintln from said Indebtedness aud every
part thcrof, aud the further considerit ion
( that the defendant, John 4. Manly wnuld adj
vance funds for the rnn>t ructtur Of Il r,l.td
leading To the saie tnai.ig properties covered
ny said quit claim deed that said indebtcd-
ness and the construction OF said road Werv 10
uo fuzzy PAID and performed 10y the said de
t"udant, John \ Manly. a. 4 condition pre-
ecdent tn the vesling of the title To the said
mining properties covered 10y said quit claim
deed. in said defendant, John \ Manly. and
until the payment of said Indebtedness and
the const ructian Of said road. by the said de-
PENDANT. the TIL. Ia said mining property was
10 remain IN the SAID paintit ana was not 10
vest IN or became absolute In the said defend
ant John a. Manly, until the fun perform
nncr OF sara conditions precedent rs above SCI
fnrth. which conditions precedent the said
defendant. John \ MANLY, has failed and II
( tu>tN ana >tlll fstlN ana refuses 10 pprfarnl
though dcmHnd WAS made upon him prior 10
/ the ruinmrnerment oi this suit hy iht plniu-
ih. 10 perform said conditions precedent ;
aud that til, said a. f,ndant, John \. Manly.
refused and failed and sim refuses and fails
To cancel aud surrender said quit claim deed
or 4" rrcnnN"f to him the premises rn,hraeed
~ >aid quit claim decd to the plaintiff after
drmand made up,n him. the said defendant.
prior 20 the commencement of this suit
lhat the defendants Edmund : Kiden and
Charles II Nof, ctain to hay. and hold SOM.
interest or .stat. IN SAID mining pruptrt lbs
adverse ~ this plantn, which interest or ,'>-
tate the said defendants claim to have ac-
quirNd hN or through the defendant. John 4
Manly ana that thu said Interests, So claimed
to he acquired 10y the said defendants Id
mund : Eldcn aud Charles IL Wolf, Nef, t-
Quirtd bN them from. by or through the said
defendant. John \ Manly, with fan notice
and know ledge of the t.untryt existing ir,-
tween the piaiutiH and satu defendant. John
\ Manly aud with full notice and knowledge
thai the titlc to the sutd ground and property
had ucNrt become vested aud absolute ia the
shld i"hn NANNY. and that the quit claim
decd hUrFinhufufe mentioned had never be-
CONS binaing contra; n the hands ~ iha
>ald d.f"udauts John \ Manly, ana that the,
said defendants. Edmund : kiieu and
tharltS !! y a.:, acquired ':ig;r pretended n
tcrrst Ia said mining prupcri les without hay
ing paid any valuable ur other consideration
therefor lhat the said defendants and eaeh
and ~! az ilitia. may hc barred az aud from
all right. titis. interest and estate ia and To
"a" said premises and every part thereof -;
that he said piaiutitl mic may l." 4, Judged
ami doctred 10 be a good aud valid one ~
against the sud defendants aud each and
every uuV of them, ana against All ntrsl1n~
claiming under the said defendants. or any ~
thom ana ouch and every ~ them and FOR
such further and other relief hs shan ht lust
aud equitable, a. viii more fuliS appear from
tie complaint ~ Tie plaintin. duly verified,
on ~" hcr'ln. To which rcfctruc" i hereby
made. copy Of which complaint is attached
To tins summons ana served Herewith. The
real property covered 10y said quit claim
deed j. described a. follows, tn-wit,
An undivided eleven fort. -r!giiths III Isl
interest In the Continental lode mining claim.
situated Ia Priest Lake mining district.
INruttnui county. stat" ~ Idaho aud tu IN
divided onc-half interest In the i.gn1 Tender
lode mining claim situated IN said Priest Lake
mining district, koutVnai county state 81
ldhhp Ioi a more particular description uf
shtd mining claims reference Is hereby nude
To the notices ~ location ~ III, same ts r.
corded IN the oiiiCcuf ia" Recorder for Noott,-
mai county. STATE al Idaho.
And YOU are also notiivd that unless YOU
appear and ansMer 10 said cou' plaint within
ten days after the service n.r,of II served
within houtcnai county, aud within twenty
days II sorSed cat of said county. hut within
the said judicial district, ana Nithiu forty
days " served out ~ said district. tpNeIusfVo
Of th" day uf serNirc.l thf ulalutln " ~ 4tppl !
to the court for the RELIEF demanded IN tht
said complaint
niNtu und,r my hand and The sra ot
tie District Court 90 th, fliat .tldi
lSIAI4l tttaI District ~ tlc state az ldana III
aud tnf Ia, county ~ kuuteuat. Ills
18th day ~ january. \ - lac
.INp q. NII.AIlA<. CLERK
By / /. pl AitIE~. Dopuis
thas !. lieitman, piahltlns attorney
J 10 q