Kootenai County Republican. (Rathdrum, Idaho) 1899-1903, 1900-02-09
ALIAS suMMoNs-Ix TILE DISTRICT

4 LAS sUMMONs-IN THE DISTRICT
a Court, First judicial District OF tn. state
of Idaho In and for the County of kootenai
Albert kiockmann plaintiff. against John
\. Manly. Edmund ;. Biden and Charles IL.
Wolf defendants:
The state Of Idaho, to John A. Manly. Ed
mund :. Biden and Charles ii. Wolf, tn.
above named defendants:
You are hereby notified As you have been
notified, that Their, is now ON Tile in the Office
OF the Clerk of the District Court Of the First
Judicial District OF said state. in Rati,drum
County of kOotenai. the Complaint III the
ahove-nafncd plaintiff. wherein judgment Is
demanded agains; the defendant. John A.
Manly, Ia obtain n" cancellation and sur
render ~ certain 4a.. c!..!:a deed 20 4. .er
which WIS executed and acknow lodged by the
plaintiff In this action ON the 10th day of Dc
tobcr isg.. aud 10 Obtain "A rronvcyance ~
the property embraced In said qu, claim deed
by the said defendant. John A. Manly. Ia the
said plaintiff. and IN set aside and cause, Ia H.
declared null and void amy and all interest.
right, title or estate in and To said mining
property chained 10y the said defendants, Ed
mund ;. Biden and Charles IL. Wolf. or either
OF them and for genera! relief. The said suit
Is brought upon the following grounds. to-wit
That said quit claim deed was executed for
the consideration nj the paym by the de-
PENDANT, John a. Manly. OF large amount of
Indebtedness to-wit. the sum Of four ihots-
and seven hundred seventeen and s4-iO
Cs41is.24 dollars, due and owing from the CO.
partnership formerly existing between the
plaintiff and the said defendant. John \.
Manly and The release aud discharge of the
plaintiff from said Indebtedness and every
part thereof and the further consideration
that the defendant. John 4. Manly. would adj
vance funds for the construction OF II road
leading to the said mining properties covered
10y said quit claim deed; that said Indebted
ness aud the construction Of said road were To
be- fully paid and performed 10y the said de-
PENDANT. John a. Manly, rs n condition pre-
ccdrni 10 the vesting OF the title 10 the said
F mining prope rifles covered by said quit claim
decd In said defendant. John A Manly. and
until the payment OF said Indebtedness and
the const ruction Of said road, by the said de-
PENDANT. the title Ia said mining property was
Ia remain In the said plaintiff and was not to
yrst In or become absoiut. In the said defend
ant, John A. Manly until the full perform
ancc of said conditions precedent n above 81
forth: which conditions precedent The said
defendant. John \. Many. has failed and re-
/ fused and stiil falls and refuses Ia perform.
though demand Was made upon him prior tn
the commencement ~ this suit by the plain
TN. To perform said conditions precedent .
and that the said defendant, John A. Manly
refused and failed and still refuses and fall,
Ia cancel and surrender said quit claim deed
or 10 reennvcy 10 him the premises embraced
In said quit c aim deed 10 the plaintiff after
demand made upon him. the said defendant
/ prior to he cnfnmvntenent ~ thi, SUIT.
That the defendants Edmund :. RIDDEN and
Charles II. Wolf claim Ia have and hold >s,pe
interest ar estate IN sBid mining properties
adv.rs. Ia this plaintiff. which Interest or ts-
tate the said defendants claim IN have ar-
CURED by or through the defendant. John A
Manly. and that the said interests. 80 claimed
To IT, acquired 10y the said defendants I'd
mund : Bidcu and Charles II. Wolf were ar-
quired by them from. ~ or through the said
defendant. John \. Manly with full nOiir"
and owlcdg. OF the contract existing br-
tween the plaintiff and said defendant John
\. Manly and with fun notice and knomledg''
that the title IN IN. said ground and prupert y
/ had never become vested and ab-plut" IN the
said John \. Manly. and that the quilt claim
deed her,.inb.fo.r mentioned had never be-
come n binding contra IN the hands ~ the
said defendant John \ Manly. and tfa, the
said defendants. Edmund bidpn and
Charles II. Wolf acquired their pretended In
ter,'st IN said mining properties without hay
! ng paid any valuable ar ether aunsid. Grafton
ti,.r,sor. That the said defendants. and each
| and all Of them. may he barred of and from
all RIGHT. title. interest ana .stat" In aud iu
! the said premises and every part Thereof
/ that III. said plaintiffs title may b. ndiud-,'i
! and d...rt-d to be good and valid one rs
against the said defendants and each aud
! every ONE az them. and against all ps.rspn-
/ claiming under the said defendants. or any 81
/ them aud each and every ~ them. aud Tor
such further and othcr n lief a shall be jnsi
| and equitable. a. will Inarr fully appear from
the complaint III III" plaintiff duly verified.
1 on NJ. hereby. tn Witch reference u hereby
/ made. a copy II which complaint Is ATTACHED
| ~ this summons ana served tber,sitb. The
/ real property covered by satd duit eilinl
deed (. as.a'rilsd ~ follows. to-aii;
An undivided eieven-fDrt y-si.hths dts
Interest in the Continental Iosi. mining claim
! situated in Priest LAX. mining district
/ ko,trnai county. stat. 81 Idaho. aud IN
| divided ofio-haf int.r.=s, In the ls,gai fendo'
lode mining claim situated In said Priest Lab,
| mining district. ko,tenai county. state 81
| Idaho For q nlore particular description N
| said mining claims reference l. hereby nlads
10 ,b. notices ~ lOs.atiun ~ the 81 me a. ~
| corded in the of'cr ~ the Recorder foe kDpte-
+. mai county. state of Idaho.
And Won are a~p notified that unless yot
| aup..ar and sn-s.r la said complaint sfthir
! ten days after the service hereof. II sarT.'
| Within knoisnAi county. and within fasnt,
day., I. served enf Of said county. hut si,iiii
| th,. said judicial district. and within for'
DAYS IL served 80; 81 sid district. exclusive
20 tL.. day .. servic,.t he plaintiff viii appll
| to th.. court for ,h. relief demanded in thu
| said con piaiBi
| .jiyer under my hand and the seal q
! the pistricI Court 81 the FIRST Iudi
| IsyALI cial District Of the STATE 81 Idaho. IL
| and for the county of kuJt,nsl thu
18th day 81 January A -. lac
JSo. q. CALLAHAN. Clerk.
| BY r. l.. Qt'AELE-. DEPUTY.
chas I. Hoffman. plaintiffs attorney
| I