Kootenai County Republican. (Rathdrum, Idaho) 1899-1903, 1900-01-19

ALIAS svMMoNS-IN THE DISTRICT
Court, First judicial District al tiv II al.
OF HAN, Idaho = and for The county Of kootenai
a Manly. Edmund ;. Blden and Charles II
Mnlf defendants.
The State Of Idaho. To John \. Manly I'd
mand Riden and Charles Ii. Woif, the
acove named defendants:
You are hereby notified you have heen
notified. ,ha; there Is on tie tn ;hg Office
81 tho ierk ~ the nlstric. Court ~ the tirSt
judicial Dist riei uf said state. in kathdrt,i
I county ui hootcnai The tainp;..in; of the
auoNv-namvd plaintiff, Wherein Judgment l.
demanded against the defendant John A
Manly. ia obtain the cancellation and sur
render or certain quit claim deed Ia "A Ger
TAN mining property hereinafter uesCrin,ti
which na> executed ana ackuos lodged ny the
! p!antiH In this action Oh the 10th day Of ttc-
lnher iNg'. and 10 obtain reconNesancc ~
N" property efahras, IN iii titt sisii deed
! ~ the said defendant John A. Manly, IA the
said plaintiff aud TO tsiti, and caus, Ia i~'
declared naii and .s.!a amy aud all interest
/ right tit" or estate in and Ia said mining
! property Claimed 10y III" said defendants f,i-
( murd :. Rtden and Charles II. Moa or either
/ al them. and for general relief The said suit
j. brought upon the following grounds, to-wii:
! That said aait claim deed WAS executed for
the consideration ~ the pay ment ny lii. de-
/ irudanI, johu \. Manly sol large amuuu, ~
| Indebtedness. to-wii. TIN sum of fout iitous-
aud seven hundred seventeen ana s,-iai
| s4'li-t dollars due ANA owing from the CO
! Partnership formerly existing between the
plaintin and the said defendant. John \.
! Manly. and the rs.!taSs, and dss,har., q! ,t,s.
I pitiHtiU Nom ,t4i indebtedness tttii every
part thereof. and the further cunsidrrat ION
that the defendant John \. Manly, would adj
vance fund, for the .'alsl ts.tst!.a.. ~ . s.a..a
| leading ~ this said mining prursrt covered
by SAID gun claim decd, that said indchtnd-
| ness ana the ronsi rurtinn " said road mri,. 10
| u" fuiiy paid ana performed by III. said de-
PENDANT. John 4 Manly. a condition pre-
cedcni To the vesting OF the title "a the said
mining properties covered 10y sa.,- quit claim
decd. Ia said defendant. John \ Manly, and
until tine pay mcui of said Indebtedness and
the rAttlpu tI said road, by ilt. said tts
fcndtnt. the title To said mining property win.
70 remain ia fhe said plaintiff and was not 10
vest IN or become absolute ia the said defend
ant, john \ Manly, until the fun perform
ancc III said conditions precedent a. above set
forth; which conditions precedent ,hc said
defendant. John \. Manly. has failed and re-
fused and still fails and refuses Ia perform.
though demand was made upon him prior tn
the commencement OF this suit by the plain
Tin, 10 perform said conditions precedent (.
aud that The said defendant. John Manly.
refused and iuird and s,iii r.fnsrs ANA fairs
20 cancel and surrender said uuN claim deed
or Ia rtFonSry Ia him the premises embraced
| in said quit claim decd 10 the plaintiff after
demand made upon him. the said defendant,
prior To the rommcnccmcnt of this suit.
1ha, The defendants Edmund :. Bilrn and
i Charles II. Noit. claim Ia have and hold some
interest or estate IN said mining properties
adverse ~ Ills l!a!nIlt', which interest or t's-
iair The said dcicndants siaim 10 i;1yc az
qnir.,d 10y or through "a. defendant John \
Manly. aud that the said interests, ~ claimed
Ia be- acquired 10y the sill defendants, Ed-
mund :. kidtn and Charles II. Wolf, were ac-
!
9ulreu ny th.in from ny or thi'Hsh NE sAii
uciSinAh, iohh y MhiiSt WIN tnil hotlet
anu khp"ttis" 81 ~" contract "Aietiht be
,"t.,h ~ p'atHtin ain s"t'i 49, i'uint i"'iil
y hhiilS 'hId VIII ~ ,tothi aiih shoNltuAt
,hht lht tille ~ me >ald gl"uhu aiu pl"lefis
nag never besnh" vested anu aif>"iutN ~ tln
saln J1hh q many "hh thai ny l.h' 'lhlA
o''u h't'inpel"fN hh'h'toht" IA" h'''I s
come llhathE S',htfh't III IN, manu-, oi tiit
salu o,t.hdaht '"'tii y. MahiA d,i 'h"t 'i''
salH ntleh.elmls, ,.unhn , ~, : hiu'i, INV
Mares n W or tH'lulI'i th'.it tr.,"l"I'l ~
1870 - sun ili'it,iE i,s N,tlt,ut I'M
| lns pnln hhN Natnah' ur ",h't f'nlNluNlh'ins
lh'rrlor mn ~ shlu ,''fira,HnsN, hiid sa.i
ana an ot tItih may oe barred OF anu IRON
, ~ right hfitA in''f'Ni ana estate ~ hhd y
the said premises ana every par' Thereon
that Tie SAID piaintln ute may y" hdjudSoe
ana d"crred 20 ne GOOD anu Naud one ~
against IA" sulu u'iohuahs anu vath AM