Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1901-08-29
Alias Summons.

IN the district court Of the Second Judicis,
District Of the State OF Idaho, in and igr ,sa
The Bank OF Camas Prairie. A corno,a.,..
plaintiff, vs.. Trad Meinert. L. ", Fiji 'i Eor,,
burke, 6; 7. Thrasher, John c. Alis Allison I IIoH
bo Slim b ssEsse r F Ms.srs o Henry sss
Rarr stewart, All Him, James ''1 Mn'
Leod, F.. H. Cole, Ezra Thrasher, Tbom NC,
Wi,thley, Charles ;I,s La5ierty, T W Cole, Thomas
stewart. Lee Kay Henry Wax, Thomas Rail
man. Lee Man, s. II. Clinedinst, defendants sun
The state OF Idaho sends greeting to- Trad
Mein-rr, l. w. Fall, Rory Burke, G. T. Thrash
| er, John e. Allison, Hans Holm George \
Walters, Henry Steenbock. Daniel Trulinper
Barr Stewart, All Him, James N. Mcleod, +. iii
Laiferty I. W. Cole, Thomas Sullivan, William
Hocsnann, Carl james, E. L. Stewart, Lee Kav.
Henry Wax. Thomas Bollman, Lee Mann s il
Cllnedinst, defendants.
You are hereby required to appear in an ac
ton brought against you by the above named
plaintiff in the District Court OF the Second in
dcial District State OF Idaho, In and for Idaho
| County, and to answer the complaint filed
tn rein within ten days (exclnsive of the dav Of
| service) after the service on you of this sum
mons-if Served within this county or II served
| without this county, but within this District.
within twenty days; or II served elsewhere
within forty days-Or judgment by default viii
be taken against you according to the prayer Of
| said complaint.
| This action is brought to obtain decree Of
this court determining and settling the rights
and interests Of the plaintiff and OF all the de-
| PENDANTS, arising and existing under and by
virtue of a certain agreement in writing OK.
ecuted on the 9th day of December 1899
wherein 1t was provided that plaintiff should
| take "a mortgage in trust for claims due plain
| tiff and defendants from the Idaho Comstock
Mining and Milling Co., corporation, in ard
| to certain certificate of sale of certain mining
property described therein and in the COM
plant in this action, issued on the 1lth day of
June, 1901, by th sheriff of Idaho county to the
plaintiff as II nstes as purchaser at the sale upon
| execution and Judgment of foreclosur OF the
said mortgage SO taken by plaintiff as such
| trustee pursuant to said first mentioned agree.
| ment; that the amount advanced and paid out
| by the plaintiff in and about the administra-
ton of the said trust, viz: the amount OF $3.50 S
aud interest thereon from the date of filing
| this complaint together with the further sum
OF $1,000 Tor its services as such trustee in such
| behalf be adjudged and determined to be a
superior and preferred claim and prior to the
| interests OF the defendants in aud to all the
funds security and property now in its hands
| so held as trustee, to-Wit; In and to the shei-
IFS certificate of sale OF the mining property
described therein and lien upon the Interests
| Of said defendants in and to the said judgment
| in foreclosure, certificate OF sale ana property
described therein; that it be adjudged and de-
| creed that the said defendants respectfully con-
| tribute pro rata with the plaintiff IN accordance
with the respective interests ,r each and pay TO
| the plaintiff such pro rata OF the said sum OF
S2s5026, together with interest that the interest
| of any and all defendants who shall not so con
tribute be sold under the order and direction Of
/ this court and the amount realized thereirom
| be applied to the costs OF sale and to the pay
ment OF the amount of such contribution re-
spectfully and the balance paid to the de
| PENDANTS respectfully entitled thereto,-or II
| partial sale of the interest OF noncontributing
| defendants be found impracticibie or not 90 the
best interests of the parties to this action, then
| that the amount and the priority o, the IN
terests of the plaintiff and Of eacn OF the de-
PENDANTS respectively in and to said trust iuids
i and properly be determined and adjudged by a
decree of this court and that said certihcate Of
sale and all interests evidenced thereby III and
| 70 the said judgment OF foreclosure and n ana
to the said mining property be sold according 10
law and the rules and practice of this court and
| the amount realized therefrom be applied 10
| the payment of the costs herein and the balance
| TO the respective parties to this action III ac-
eordance with such decree: that pending sale
the annual assessment work on said mining
claims may be performed by plaintiff, as trus-
tee, and the expense thereof be declared pre-.
| ferred aud prior charge to be paid out of said
| trust fund. that an accounting be had between
the plaintiff and defendants upon all matters
| arising under such trust relation and that pain
III be fully released and discharged by maj
| decree herein from all liability under sad
trust, and for further and general relief ana ioi
costs of this action, as more fully appears from
plaintiffs complaint on file herein copy OF
| which is served herewith and made par
thereof. and II you fail to appear and answer
said complaint as above required the plalhun
| Will take default against you and apply to the
court for the relief demanded in the complaint
Given under my baud and the Seal q the
SEAL District OF the State of Idaho, IN ahu
~ for Idaho County, this 9th day OF
A. W. TALKINGTon, Clerk.
By w. \. KNOX, Deputy Q lerk.
Fogg & Nugent, Attorneys for Plaintiff