Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1901-09-26
A Has Sum me rs.

~ the district court of tae Second Judici,
District OF the. State of Idaho, in and for tba
| County of Idaho. - '"N
plaintiff Us. Trad Meinert L. VI, fall '''i Hory
Burke, G \ Thrasher, John c. Allison Hans
book, Daniel Trullinser. john enfy o,s stssll-
Barr Stewart, All Him. James Nj Sic,
w Is9d, chd II cpe aI Ezra Thrasher Thomas
sullivan, William Hoesmann Carl james, r +
Stewart, Lee Kay. Henry Wax, Thomas Boil.
man, Lee Man, s, II. Clinedinst defendants
| The state of Idaho sends greeting to. I,af
Meinert L, w. Fall, Rory Burke, @. T. Thrash.
er, John g Allison, Hans Holm, George b
Barr Stewart All Him, James NJ. Mcleod, +. n
Cole, Ezra Thrasher, Thomas Whitney, Charles
aasrg \ " ar GoIe s Thomas sullivan William
Henry Wax, Thomas Bollman, Lee Mann s II
Clnedinst, defendants.
You are hereby required to appear In an as~
ton brought against You by the above named
plaintif in the District Court OF the Second in
dielal District, State of Idaho, in and for Idaho
County, and to answer the complaint filed
TIL rein within ten days texclusive OF the day ~
| servicel after the service on you of this sim
mons-if served within this county, CT 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 goH according to the prayer Of
said complaint.
This action is brought to obtain a decree OF
this court determining and settling the rights
and interests OF the plaintiff and OF all the 10
iehdants arising and existing under "a h,
virtue OF certain agreement in writ,ng y -
eented on the oath day of Decen,h rr 800
wherein II was provided that plain;i II sho1ld
take mortgage in trust for claltes ite niain
" and detendants from the ldaf.o Comstaek
MINING ana Milling Co, a corr otatiou h ana
to certain certificate of sale ci certaim ,nin;nt
property described therein aud in The cam
plafnt IN this action, issred on the lIth dav az
june 1901, by y g sheriff of Idaho county r. tba
plaintiff as iuste, as purchaser at the sale nt,nT
execution and Judgment of foreclosure of the
sud mortgase So taken by plaintiff rs such
trustee pursuant To said tirst mentioned agree
ment; that the amount advanced aud paid ONT
, ~ ahe Rl . III and about the adiniustra
tioii o. tne SAID trust VIA the amount of $3.50 "
and Interest thereon from the date of tiiin,
this complaint together with the further sum
81 Hlouo Tor It's services as such trustee in such
behalf be adjudged and determined 10 he n
,,"riur aud preferred claim and prior 10 the
ilite, ne, ests OF the defendants in and to al the
mus, security and property now In its hands
hel la a. trustee, to-wit, in and to the sher
rs certificate of sale Of the mining pronerty
descl he'd therein aud a lien upon the Interests
I sttd defendants in and to the said Judgment
"a 1lfeciosnre certificate OF sale, ana properly
aesci hed therein; that II be adjudged and a.
creed mat the said defendants respectively c.ssi-
lfinu,e pro rata with the plaintiff in accordance,
with the respective interests ar each and eny tx
$2s502e, together with interest; that tho interest,"
OF any and all defendants who shall not SO con.
tribute be sold under the order and direction o.
thls court and the amount restzed therefra1n
be applied to the costs of sale aud to the Ray
inent OF the amount OF such contribution r.
ss leGdTy and dhe balance paid to tho dq-
partial sale of the interest of MISUNDERSTANDING
aelendants be found impracticihfs or not 60 the,
pest interests OF the parties to this action, then
mat the amount and the priority O., The in
terests OF the plaintiff aud Of each of the de
PENDANTS respectively IN aud to said tr,,sr I'm ods
ana property be determined and adjudged by n
decree OF this court and that said certificate of
sale and all interests evidenced thereby in and
70 tne said Judgment OF foreclosure and in ana
70 the SAID mining property be sold according a.
!aW ana the rules and practice of tins court andt
me amount realized therefrom be applied L.
Inc pay ment OF the costs herein and the balance
10 The respective parties to this action in nc
eorliinee with such decree; that pending sail.
ihe annual assessment work on said mining
Claims may be performed by plaintiff as trus.
lerreu and prior charge 10 be paid out of said
rust fund; that an accounting be had between
the plaintiff and defendants upon ali matters
arising under such trust relation and that plain
tih be tully released and discharged by a final
ueeree herein from all liability under saih
trust and for further and general relief and Tor
costs q this action rs more fully appears frar.
plaintin's complaint file herein a copy IL,
which Is served herewith and made sart
thereof, and II you fail to appear and a,asw.r
ssid complaint as above required the pIslintilf,
via take default against Nou and apply 10 the
Court for the relief demanded in The sonillnint
Given under my hand and The Seal o thu
District Court OF the Second Jndicisa
SEAL District of the state of Idaho, la a.4i
Tor Idaho County, this 9th das Oh
l2-l6 August, 1901.
A: w. TALKINnTon, Gler,
r.. BY W. \. KNOX, Deputy Oh RI
fogg Il Nugent, Attorneys for plainsf6 IN