Kootenai County Republican. (Rathdrum, Idaho) 1899-1903, 1900-02-02
ALIAS srMMoNs-IN rnl DISTRICT

\ LAS stMMONS-IN THE DISTRICT
Court, first Judicial District of the stat.
OF Idaho. Ia and for the County of kootenai
Albert klockmann. plaintiH against John
a Manly. Edmund ;. Bldcn and Charles II
Wolf. defendants:
The STATE of Idaho. to John a. Manly. I'd
mund : Biden and Charlie, ~ Moif the
above named defendants:
You arr hereby notified. a, YOU have been
notlfed. that thrrr II now On H!c IN the u.s.cc
OF the Clerk Of the District Court OF til. First
Judicial District Of said STATE. IN kathdrnm
touniy OF kootcnai. the Complaint III the
above-named plaintiff. wherein Judgment II
demanded against the defendant. John 4
Manly. 10 obtain the cancellation and sur.
RENDER ~ certain quit claim deed to n Ger
tam mining property hereinafter d,.,'rit.-d
when Vas cA.sui-d and acknoN i-.ig,-d by In.
piaihtlH N this action on the 18th day OF pc-
tnDcr. iST, and 10 obtain a rtcpny-y>nrs nf
III. property embraced In said ault t'.f IN tit-,
py N. said defendant, John A Manly. 10 the
saih plain'iH. and To sat aside and gausr To Ia
declared null and void any and *! Interest.
right, title or estate In and Ia said mining
property claimed by thr said defendants. Ed
inunu :. bidcn ana Charles H. Wolf. or her
OF th"Il. and for general relief lh, said suit
y brought upon tn, following grus.i>> to-wt
MAI ,aid quit claim deed WIS executed for
Tue consideration az the pay u.nt by ~. d.
!enaant- lain = Manly %! RIA y ,s,t,a.: AZ
indebtedness, ,o-w.s the .;.ra NJ four :.na,-
ana seven hundred seventeen and sl-im
Niif1H dollars. due ana owing from th.. CO.
| partnership formerly existing tp.tw.en th,.
plaintiff and the said def. n.iant ,nhn A
| Manly, and the RELEASE and discharge of the
/ piainttN from said Indebtedness, and every
! part therof and NJ. further eonsIt m i,,,,
HAT the defendant. John \. Manly wou,d al
| vance fund, for the construction OF "A road
| lehiinE 10 he said mining properties covered
| ny sai' pui' claim deed that said indebted
NESS ana the construction Of said mad w.r,, la
! bt fuiiy paid and performed by the said DE-
| PENDANT. john A. MANLY. a. a canditinu pr,.-
| t'ticnt to the s.stIi'. ~ the title Ia the said
mining properties covered ,y said t,,i, claim
| deed. ~ said defendant. John A. Manly, and
| until the payment nf said indebtedness and
| the construction Of said Rad. by The said de-
! PENDANT. the title Ia said mining protr.rt, was
To remain In The said plalntin and wa, no, 10
| vest IN or become absolute In the said defend
| ant, John \. Manly anil the fan perform
an T. Of said condition, proceed. ~ above sci
| forth: which conditions precedent the sai
| uefcndant. John y. Manly. ha, failed and ~
| fused ana stu fats ana refuses 10 perform.
| though demand was made upon him prior Ia
| the commencement Of this suit by the plain
| tin. IA perform said conditions pry,rrt.cn,
| ana that the said defendant. John A. Manly.
| refused and failed and still refuses and fails
| 10 cancel and surrender said quit claim deed
Or To r,rohNey "a him ID. premise, embraced
! IN said quit claim deed To the plaintiff after
| demand made upon him. the said defendant.
| prior 10 III" commencement of Til, suit,
| That the defendants Edmund ; RIDDEN and
| Charles II. Wolf. claim to have and hold som.
| interest ar e>tai" In said Bt'fflrr pr,'nisti,.
adverse Ia this plaintiff. which inter,.,; or es-
| tate the said defendants claim 10 have as-
| CURED 10y or through the defendant John 4
| Manly. and that the said interests ~ claimed
| to b. acquired by the said dcfcndnuts Ed
| mund ; Rd.n and Thari.s II. Wolf were AZ
| luir.d by them from. 10y or through the said
! defendant .lnl,n \ Manly With fun motto.
| and know rd;,r Of the contract cxistin. b.
! tween the plaintiff and said defendant. John
| A. Manly ,and with full motto. aud hnoS i..;E.
| that the title 10 the said ground and pruIsrty
| had never ias'nnir vested and absolute In TN
| said John Manly, and that the quit claim
| decd hrruinhcforr mentioned had never In
| come "A binding contract In the hapd- " III,
| said defendant. john A. Many. ahi that III,
| said defendants. Edmund !. ;::d.b s"t
| Charles IL. Wolf. acquired their pretended in
tcrcst in said mining properties without HAY
| ing paid any valuable or other considerations
| therefor, That the said defendants and each
| and All OF them. may bc barred OF and from
| All right. title. interest and estate in and :.
| the said premises and every part thereof
that the said plaintiffs Til. may Ia adiudgec
| aud dccrccd to be u good and valid ON. "a,
against the said defendants and each anc
| every one Of them. and against all person.
| claiming under the said defendants. or any al
such further and other relief as shall be just
and equitable. as " more fully appear iron
| the complain, OF the piaintin. duly verified
| on Tile herein to which reference is her,b,
| made. a copy of which complaint Is ATTACHED
| 10 this summons and served Herewith. Tn,
| real property covered by suid quit claim
deed l. dc>rribrd as follows. to-wIt:
/ An undivided elev,n-fori y-cighths ait
| interest In the Continental lode mining claim
situated In Priest Lake mining district
kootenai county State Of Idaho. and m un
| divided one-half Interest IN the Legal Tendri
| lode mining claim situated Ia said Priest LAX,
mining district. kootcuai county. State o
| Idaho For n morp particular description al
said mining claims reference II hereby mad,
| To the notices ~ location ~ the same a. re-
corded In the office OF the Recorder for keote
mai county. state of Idaho.
And you are also notified that unless you
appear and answer Ia said complaint within
ten days after the service hereof II -ervr,
| within kootenai county. and within tw.ni,
days, II served out ~ said county. but within
| the said judicial district. and within fort,
DAYS. " served out OF said district. ttNclusiv,
OF the day Of s.ryieel the plaintiff will appll
10 'he court for the r-lief demanded Ia In
| said com lialnt.
uiven under my hand and the seal q
| tn. Distric, Court OF the First 1udi
[sEALl rial District ~ the state nf Idaho II
| and for the County of hootennl. TIL
| 18Th day ~ January. \ ID. i'm
JNo. &. CALLAHAN. Clerk
| by I. l.. QtARi.E-. Deputy
Chas l.. IIsifman plalutiHs attorney