Kootenai County Republican. (Rathdrum, Idaho) 1899-1903, 1900-02-16

4 LAS SUMMONS ~ THE DISTRICT
Court. fliht judicial DISTRICT Of the state
of Idaho ~ and Tor III" County OF k"otcnaL
Albert klock mann. plaintiff. against John
A. Manly. Edmund ;. Biden and Charles IA.
Wolf defendants:
The state OF Idaho, to John \. Manly. Ed
nIund ;. Ridcn and Charles ii. Wolf, the
above named Defendants:
You are hereby notified. as YOU have been
Notified that therc Is nov ON file IN the office
Of the tlcrl, Of the District Court OF the First
judicial District OF said state. In Rathdrum.
County of koOtenai the Complaint of the
abovc-named plainiin, wherein Judgment Is
demanded against the defendant. John A.
Manly, To obtain the cancellation and sur
render of Il certain quilt claim deed Ia GER
tam mining property hereinafter described
which MAS executed and acknow lcdged by the
plaintiff in this action ON the 18th day ~ Oc-
tor'r, ISL aud Ia obtain IL r.t'onN,-y tnt,. Ut
the property embraced Ia said quit claim deed
10y Tia" said defendant John \. Manly, to the
said plaintiff and To SIT aside aud cause to he
declared null and void any and all interest.
right, title or estate in and 10 said miping
property claimed by the said defendants, Ed
mund ; Bidcn and Charles H. Wof or either
Of them. and for general relief The said suit
Is brought upon III. following grounds. to-wi,;
That said quit claim decd was executed for
the consideration Of the ~ yutnt by the de-
fopd.rIt;. John A. Manly. Ola large amount OF
indebtedness, to-wil, the sum 81 four ,hoas-
and seven hundred seventeen ana 2-lW
(si1l13D dollars. due and owing from the CO.
partnership formerly existing between the
plaintiff and the said defendant. John A.
plaintiff from said Indebtedness and every
part thereof and the further consideration
that thc defendant. John \. Manly, would adj
vance funds for the construction OF road
leading 10 the said mining properties covered
by said quit claim deed: that said indebted
ness aud the construction OF said road er.n Ia
be fully pnh!-.rd performed by the said de-
fendant. John A. Manly. rs d condi, ion pre-
cedtnt To the yrstng of the title To the said
mining properties covered by said quit claim
deed, In said defendant John A. Manly aud
until the payment ~ said Indebtedness and
the construction OF said road. by tho said de-
PENDANT, the title To said mining property was
Ia remain In the SAID plaintiff and was not 10
vest in or become absolute In the said defend
ant. John \. Manly. until The full perform
ance Of said conditions precedent as above set
forth; which conditions precedent the said
defendant John \. Manly. has failed and re-
fused and SIN fails and refuses To perform.
though demand was made upon him prior to
tile commencement OF this suit by the plain
IT'LL 10 perform said conditions precedent;
and that the said defendant, John A. Manly,
refused and failed aud sil refuses and falls
10 cancel and surrender sai d quit claim decd
or 10 r,,convey Ia him the premises embraced
In said quit claim deed Ia the plaintiff after
demand made upon him. tn. said defendant
prior Ia the commencement of this suit
That the defendants. Edmund =. Bldpn and
Charles n. Wolf claim Ia have and hold some
interest nr estate in said mining propcriic,
adverse 10 this plaintiff which interest or rs-
tate the said defendants claim In have ac-
auired by or through the defendant, John a.
Manly, and that the said interests 50 claimed
mund : Ridcn and Charles II. Wolf, were ac-
uuiicd hy them from. by or through The said
defendant. John A. Mmnly. with fun notice
and knowledge ~ the contract existing be-
TWEEN thc plaintiff and salu defendant John
A. Manly and With full notice aud knowledge
thai the title To the said ground and property
had never become vested and absolute IN the
said John 4. Manly, and ,hai the quit claim
deed hcriubcforr mentioned had never be
COME a binding contr;f, In the hands ~ the
said defendant. John A. Manly. and that the
/ SstiH
ehnres n. Wolf. acquired their pretended ss-
tcrtsf in said mining properties H5fbout hav-
| ing paid any valuable or other consideration
| therefor. That the said defendants. and each
! and nil ~ them. may be barred of and from
| all right. title interest and estate In and Y
The said premises aud every part thereof
| Tia, The said plaintiff lille may b. sdjudped
and dccrccd to be good aud valid one ~
| against the said defendants and each ano
| every one ~ them. and against all person.
claiming nr,er the-8id defendants. or any 81
| them ard each ana every of them. and fOl
] such further and other relief Us shall be JUS
/ and equitable. As will more fully appear From
| the complaint Of the plaintiff. duly verified
ON HE herein. To which reference IL bcreb,
| made. copy Of which complaint i ATTACHED
real property covered 10y said quit claim
| deed Is described ~ follows. fn-vii:
/ An undivided elcven- fort -eighths nl-.-
| iufrr,.s, in the influential lode mining cinin
! situated IN Priest Lake mining district
| koofpnai county. state nj Idaho and an nm
divided oiie-half interest IN the Legal Tcndc
lode mining rlaliU Situated 10 sdiu frl"st lsah
/ mining district. kppsen6i ounty. state q
| Idaho. burs more particular description q
| said mining claims reference j. hereby mad
! Ia IN. notices OF location of the same as ~
corded In ia. office of TN. Recorder for koOte
nal county state of idaho.
| And YOU are also notified that unless yo
| apDear and answer To said complaint with
tn DAYS after The service heru', II serve
within koDfenai county. aud within tW"nt
DAYS II served out of said county. kut With
.he said judicial district. and Within fort
DAYS II served out Of .aid district, tcxrlusiv
~ the day ~ servit.,l the plaintiff Will nppl
IN fbo court for the relief demanded IN III
said complaint.
Given under my hand and the seal
the Dist ricf Court 81 the First Jud
f-ratj cinl District ~ the state OF Idaho.
and for the County Of kyJtcual. tn
18th day of Tanu5ify. \. -. 1870
no &. CALLAHAN. Clerk
By I. l.. QUARLFs. Deputy,
chas. L. Hcsts3an. plaintiffs attorney
Jia-Fg3