Kootenai County Republican. (Rathdrum, Idaho) 1899-1903, 1900-01-26

\ LAS srMMoNs-IN THE DISTRICT
Court, First Judicial District OF ih. state
.; Idaho. IN aud for the County or koot.nal.
Aihtrt hlos' smann, plaintif. against john
Mcl!. defendants
The state OF Idaho 10 John A Manly Ed
innnd ; blaen ana Charles II. Wolf, The
"noVe named defvndants:
fou are hereby notified. as you have been
hot!htai. that tb.r. is oa iiie in the oiri-e
.: s''S i.sfa 81 thu District Noaii III tide list
Juulcial District OF said state. In KaIhdruu.
county Of koe,snal. the su..;;!.;!:.. .. ..:,-
aOo'e-namcd pisiDIir wherein Judgment Il
demanded against the defendant, john 4.
MANLY. Ia obtain tue cancellation and sur
render ~ a certain quilt ciatm deed To "a GER
ih!h mining property hereinafter described
which Mas uAsS,atss and ack nuW lr.ig..i is the
blilntff ~ this action nn Tia. iG,h day ~ g.
tniNr, lsg.. aud To obtain a ttsanefsancc 81
tnc property eH,bren.i ne Said .uit eiaisn deed
~ The said defendant. ichr A. Manly. to the
saiu p!a.uitH, ana 10 sci aside aud cause Ia be
o., is,t.-l naii ai:u vuid any and al. interest
right. title or estate IN and 10 said mining
property claimed by The Saia defendants, Ed-
Hinhd :. Bidcn and Charles II NGf OF siiheF
81 il.rin, and Tor general r.iief The said suit
!, drought uinn TIN follow ing grounds tn "a il:
ihat said anit ciaim dccu was executed for
W" '"'>HttathA M tir fy'acnt IS sae tt--
irndant, iahn A MANY, ~ Il sarge amount ~
indebtedness, to-wii. the sum ut four tnoas-
anu seven hundred SEA cntrtn und e. iu
N''-b uoiiar~. due and owing from the CO.
partnership formerly existing bal s..sn the
li9intin and the said defendant Holm \
.sfsi
riathtih from st,d Indebtedness and every
part thereof. and the further ,.nnsld.raifnn
'hhi th'. defendant. John \. Manly, would a..
vance funds faf the t.lsiS r.sti,s;, at f,,s
leading 10 lii. said mining prip.rti,.s covered
| by said quiz claim deed that said indebted
ness ana iie construction OF said road were 10
p f..is fastt ami rrsin-:iis.! by the said de-
! PENDANT John A Manly as u condition pi,.-
| ctd"nt 10 The vrsfine uf the title TO the said
| mlhins properties covered by said 4uii elaln.
! deed. In said defendant. John 4. Manly. and
| ( M
| the construction o! said road. ay the said dc
PENDANT, the little tn said mining property was
| 10 remain IN the said plaintiff and was not Ca
vest IN or b'come absolute In the said defend
| ant, john \. Manly. uniil tbs fun perform
hnte OF said conditions precedent - above stt
! furth; which conditions pfeardcnt tiie said
4 Defendant. John 4 Manly. has filled ard no.
/ fused and still fails and refuses 10 perform
though demand WAS made nInn Min prior a.
the cnurlencUmCnt ~ this suit hg The main
/ TN, "a perform said conditions precedent
and thai thu said defendant. John A Manly
| refused ana failed ana ssh refuses ANA fail,
! IN Cancel ana Snrrr ndtr said uuit claim deed
| or Ia ft'ohNeN To him III" pre- i-ts tttitisiaea
| IN said quit claim decd To- the plaintiff nfioi
| demand n'aa't upon him. the said dst.B,.aB;
PRIOR Ia the commencement OF this suit
! !ia. ;.ic defendants. Edmund = i..s.sG anE
! Charles IL Nof CHAIN to have gad lanla sAi...
| interest or estate in said mining prop. lti,,
hdNcf~i' 70 iBl> plain;iN, which interest or .s
! tate the said defendants, claim Ia htN. 49,
! CURED ~ o. through the defendant. john A
I Manly and that ihv said interests, 81 cialmct
mund :. Bidcr and Charles II. Noit Worr ..c
/ quircd ny ihefd from. hy az through ihe sils
defendant. John y. Manly. With fuli notir,
ana KNOW Ittise OF the contract EXISTING Dc
tween til. ptaiHt!f and said defendant. inhi
! 4. Manly. and with ;uli noii,'e and KNOW i.ds
that the ~ le to The said ground and property
had never become vested aud aIasllut. IA il'
stid .lohn \. Manly, aud that he quit ruin
decd h"rVlnbrfdft mrni toned had n,srr hn
come binding contract Ia the hands ~ th
I SAID usIrnaani. Join \ Manly, aHd Tat IT,
siiid defendants. Edmund = biden AM
'hhri"> u Noif acquired their pretended "a
tercst IN said mining properties without hav
Ing psid any valuable az other consolidation
therefor That The said defendants mud Gael
ana al OF ilV m may La barre ~ aud fTuu
hli r'Eh% iet. Interest and estate ih and :.
~" ea.d premises hnd every NaH tirnnf
iuai ihr sstia plaintiffs tiit. iHat Ne Fsi ista,-s
hhd d.rred % ~ 4 suod apd Ns.,s't ant q
against fle said defendants aru stfah hA
every on" ~ them. and agniIst st4l l4t3 su.
ciaimln. under ihr ,t.td defendants ~ ans 81
them. and each aud every ut 3htta. AHt r.
such further and oihcr rrlirf is siIail be- JUS
ana riHi1h ~ VIII more iulsN abfssir trnt
the complaint OF the plgiufiT. d1A yer! i.rt
on Die herein. 10 which reference ia hefcc
made. copy 81 which complaint T. HrfAtN a
Ia his ,uinmons and served th.ret!:h Th
rial property covered hS said auit cl8li
decd i described as fuiiows, town..
An undivided eleven fortY lebfhs Ol-i
interest IN tho Conlincnta IN NDde mining sla.n
. situated il Priest Lake mining dlstfl@l
kemenh county stare ~ idahh. and I'm ~
: divided ane-haif intrrsi ln tAa tee#t IeHdu
lode mining el4tm situated IN said Priest - 4
mining district. kootruai county State q
Idaho. For j morn particular description &
. said mining eHH.ms reference l. hereby ns4ti
Ia the notices of lpntion ~ TIL s5tat - T.
, cordcd Ia ihe atr. az Tia" R,torie.fsf kt-1tt
ma county. stall - idaho.
, And You ar also notified that unless 81
appear ami ahsNrr TO said .nI piaiht VIM
( irn days after tic service hereof II e.t1.
within hapfenai county. aud Within INVENT
Z days II serted aut ~ SMid county nHf aiti8
ihc said Judicial d!~ifiet. ana within f,frt
days II served mat Of sAiu district. lrArtusit