Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1901-09-05

u the district court q the second .judio,.r
District Of the state OF idaho, in and 9a" p
County OF Idaho. ~ 'he
The Bank OF camas Prairie. a eor,,o,a.,s.
plain.iF' ys, Trad Meinert. 1 w. Fiji, ,soss
nnfke, 9 y Thiasher, lohn G. Allison I Il"ns
bo s bs sH,ss ral mia,.srs ohs Henry sss
farr Stewart. All Him. James nj
Leod, r.: II; Cole. Ezra Tbrasher. Thon ae'
s Mi,1,nes cnaries aaerty 4 y. Cole, Thomas
stewart. Lee Kay. Henry Wax, Thomas Bol II.
man. Lee Man, 8. H. Clinedinst defendants sun
Men.r s.ae Y Fs aah Ho senq Rn Sreeting to- Trad
or, John G Allison, Hans Holm, Georaa y
walters, Henry Steenbock. Daniel Trulinyar,
cois s ssra aim 5s smss
Lafferty. T. W. Cole, Thomas Sullivan. Wii a.es
fioesmann, Carl James, Il. L. Stewart, Lee Kaw
E Henay mnx, Lnomas holman, Lee Mann, IT,
You are hereby required to appear in an ac-
ton brought against you by the above namad
cia psrct STATE 81 liant aha q the Second a.
County, and to answer the complaint . H,na
therein within ten days exclusive Of thc dar ~
served wishn iii. you Of ts sum
without this county, but within this Distrie, p
within twenty days; or II served elsewha,a,
wtnin forty days-or Judgment by default will
be taken against you according to the PRAYER 81
said complaint. - y.
This action is brought to obtain a decree 81
this court determining and settling the righfs
aid interests OF the plaintiff and Of Mi tha az
iendanfs, arising. and existing under and hv
virtue OF certain agreement in writing AZ.
wherein it was provided that pisintiF sbo nnls
take mortgage in trust for claims due main.
titt and DESCENDANTS from the Idaho Comstnek
Mining and Milling Co.. n corporat,on in ava
to "A certain certificate of sale OF certain minina
property described therein and in the com
plant in this action, issued on the 1ith day Of
June, isoi, pv ire sherif OF Idaho county TO the
pialntin as tustee as purchaser at>the sale llpon
execution and Judgment of foreclosure of the
SAID mortgage so taken by plaintiff rs snch
trustee pursuant to said first mentioned aprea
ment; that the amount advanced ma bald nnt
by the plaintiff in and about che adininistra
ton OF the said trust, viz, the amount of sls0 d
ana interest thereon from the date OF filing
this complaint together with the further sim
OF $lCu0, for its services as such trustee in such
behalf be ndmdged md determined to be a
superior and preferred claim and urior to thn
interests of the defendants in AHA to all the
funds security snd property now in liz hands
80 ED Is trustee, to-wit: In and t. The sher-
III - certificate OF sale Of the mining pfoperty
described therein and lien upon the intarests
OF said defendants i'll and to the said Judgment
IN foreclosure, certificate of sale ana property
described therein; that it be adiuigcd and d..
reed that the said defendants respectable con.
f.bute pro rata with the plaintiff in accordance
sith the respective interests ar each aud pay to
ne llalntih such pro rata OF the said sum Of
i2s5o 26, together with interest; that the interest
u ahy and all defendants who shall not so ron.
sfiblte be sold under the order aud direction OF
his court and the amount realized tperefrom
DC applied to the costa OF sale and 10 the pay
aent of the amount OF such contribution re.
speetfully and the balance paid to the de-
PENDANTS respectfully entitled thcreio-or II
partial sale of the interest of noncontributiug
defendants be found iinpracticibie or not 60 the
best interests of the paities TO this action, then
that the amount and the priority o, the IN
terests OF the plaintiff and OF each Of the de.
PENDANTS respectively in and to said trust funds
ana properly be determined aud adjndged by a
decree of this court aud that said certificate Of
sale and all interests evidenced thereby in and
70 the said judgment of foreclosure and in aud
TO the said mining property be sold according to
law and the rules ind practice of this court and
the amount realized therefrom be applied to
the payment OF the costs herein and the balance
TO the respective parties to this action in ac
coFdance with such decree; that pending sale
the annual assessment work said mining
claims may be performed by plaintiff, as trns
rec, and the expense thereof be declared pre-
ier.cd aud prior charge to be paid ont Qf said
trust fund, that ali accounting be had between
the plaintiff aud defendau's upon eli matters
arising under such trlst relation and that paill-
till be fully released aud discharged by II faai
dee &c herein from all liability under said
trust, and for fnrth.r aud general rel eli ami for
Costs OF this action, iioIe fully appears from
plaintiffs complaint file herein n cory Of
which is served herewith and made Part
thereof, and II YOU fail to appear and answer
said complaint as above required, the plaintiff
will take default against you and apply to the
Given under my hand and the Seal Of the
~ District Court of the Second Judicial
SEAL District OF the State Of Idaho in und
for Idaho County, this 9th day OF
1916 August, 1901
A. w. TALKINGTon, Clerk.
By w. n. KNOX, Deputy Clerk.
fogg 4 Nugent. Attorneys for Plaintiff