Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1901-09-12
Aiias Summons

In the district court OF the se,on,, ,,s,..
district Of the. State of Idaho, IA nrl ' ~,
County Of Idaho. VIZ" ut The
The Bank of Camas Prairie. a to,,....,
plaintiff, vs.. Trad Meineri. l. ". XII rll'as u
Burke, G. T. Thrasher, John C'Allisan'' hoy 10y
h M"itm' George p Walters, Henry sse e'
Leod, F. II. Cole. Ezra Thms ,hes N n Nc
Whitney, Charles Laiierty, T. 81 Cole. IMhomn /
S ,nwsat m,l Kan HH9e esrv Carl James
man, Lee Man, S. II. Clinednst, deiendsn,fno ii |
The state OF Idaho sends greeting to: Ina
Meinert, \ W. Fall, Rory Burke, G. /. Th,s pSe
Walters, Henry. steenbock. Daniel TruIiihrs.ln'
Barr Stewart, All Him, James NJ Mcl,eod' y
Cole, Ezra Thrasher, Thomas withey charjs
Lafferty, I. W. Cole, Thomas Sullivan Wiloss
Hoesmann, Carl James, +. L. Stewart. Lee I K,v
Henry Wax, Thomas Bollman, Lee Mann q TX
Cllnedinst, defendants. :"
You are hereby required to appear in an a.
ton brought against you by the above ramaa
plaintiff in the District Court of the Second jv'
dtcial District, State OF Idaho, in and for IdsSo
County, and to answer the Complaint SleS
service) after the service OH you of this s9r ~
mons-if served within this county or If seryaa
without this county, but within this Dis,ie, 4
within twenty days; or, Ii served elsewhere
be taken against you according to the PRAYER q,
said complaint.
This action is brought to obtain Il decree Of
lillb court ucieTnl1ullS anu settling the rights
and interests of the plaintiff and OF ali The IA.
PENDANTS, arising and existing under and Nv
virtue OF a certain agreement in writing er.
ecuted on the 2ith' day of December, 100,
wherein it was provided that plaintiff shopd
take u mortgage in trust for claims due plain
liff and defendants from the Idaho Comstock
Mining and Milling Co, II corporation, in and
to certain certificate of sale OF certain mining
property described therein and in the COM
plant in this action, issued on the 18th day Of
June, 1901, by the sheriff OF idaho county to the
xecution and judgment Of foreclosure Of the
said mortgage so taken by plaintiff as such
trustee pursuant to said first mentioned agree
ment; that the amount advanced aud paid out
by the plaintiff in and about the adminsa
ton of the said trust, viz the amour. Of $3.50 a
aud interest thereon from the date Of filing
this complaint together with the further sun
of $1,000 for its services as sGei trustee IN such
behalf be adjudged and determined 10 be !,
superior ard preferred claim and prior 10 the
interests of the defendants in and to all The
funds, security and property now in its hands
SO held as trustee, to-wlt: In ana % the sher-
ms 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 adjudgei and de-
creed that the said defendants respectfully con.
tribute pro rata with the plaintiff in accordance
with the respective interests ar each aud pay to
the plaintiff such pro rata OF the said sum OF
1850 70, 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 theIeirom
be applied to the costs OF sale aud to the pay
ment of the amount OF such contribution re.
spectfully aud the balance paid TO the de-
PENDANTS respectfully entitled thereto-or II
partial sale OF the interest OF noncontribu'iug
defendants be found impracticibe or not 70 the
best interests of the parties to this action, then
that the amount aud the priority o. tue m
terests OF the plaintiff and OF each OF the de.
PENDANTS respectively in and to said trust funds
and property be determined and adludged by
decree of this court and that said certificate o.
sale and all interests evidenced thereby in and
10 the said Judgment OF foreclosure and in aud
to the said mining property be sold according TO
law and the rules and practice OF TINS c0nrt auu
the amount realized therefrom be applied 10
the payment of the costs herein and the balance
To the respective parties to this action III NC
eordapce with such decree: that pending sais
the annual assessment work on SAID mihhl
claims may he performed by plaintiff. US trus
tee, and the expense thereof be declared pe
ferfed and prior charge to be paid out OF salu
trust fund, that ali accounting be had between
the plaintiff and defendants upon all maHen
arising under such trust relation and mat Pialn
tiff be fully released and discharged by ma
decree herein from all liability under SAY
trust, and for further and general relief ana io
costs OF this action, as more fully appears iIon
plaintiffs complaint on file herein cop! .
which is served herewith and made pal
thereof. and If you fail to appear ana answry
said complaint as above required, the plaih,ali
will take default against you and apply 70 NY
court for the relief demanded i'll the compis,nal
Given under my hand and the Seal o. ",
-, District Court of the Second Judicla
SEAL District OF the State Of Idaho N an !"
~ for Idaho County, this 2lth Gay
1915 August, 1901. -.
A. W. TALKINGTon, CLERK
BY w. n. KNOX, Deputy GlefA'
Fogg & Nugent, Attorneys for Plaintiii'