Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1901-09-19
Alias Summons.

IN the dlstrict court ~ the Secnud l,,di.,,
district OF the STATE OF Idaho, in ana fur thc
The Bank Of Camas Prairie, a corpora,io,
Hlaln,iil, y. ri, Trad Meinert, l., W. Fail, kory
s ga1E' g a T. Tnrasher John g Allison Hans
book, Daniel Trullinger. john orndora
Parr s Stewart, All Him. james NJ NE Mc,.
Wiley VIM cba II Cole Ezra rnasher Thomas
sullivan. William Hoesmann, Carl James.
Stewart, Lee Kay. Henry Wax, Thomas Boil.
man. Lee Man, = II. Clinedinst. defendants
The state OF Idaho sends greeting TO: Trad
Melnert, l. W. Fall, Rory Burke, g. T. Thrash.
er, John Allison, Hans Holm, George D
Barr Stewart, All Him, James NJ Mcleod + Il
Cole, Ezra Thrasher, Thomas Whitney. Charles
Iaiferty, I. v. Cole, Thomas sullivan, William
Hoesnann, Carl James, Il. l.. Stewart. Lea Kav
Henry Wax, Thomas Bollman, Lee Mann. s il
Clinedinst, defendants.
lou 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
dieial District, State OF Idaho, in and for Idaho
county, and to answer the complaint filed
therein within ten days exclusive Of the day az
scrviccl after the service OH you OF this sim
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 will
be taken against you according to the prayer Of
| said mplalnt
| TINS court determining and settling the rights
and interests OF the plaintiff and OF ali the de-
PENDANTS, arising. and existing under and by
virtue OF certain agreement in writing ex-
ecuted on the 24th day of December 1899
wherein 1t was provided that plaintiff should
! take mortgage In trust for claims due plain
iii and defendants from the Idaho Comstock
Mining and Milling Co., Il corporation, In and
to n certain certificate of sale OF certain mining
PROPERTY described therein aud in the COM
plaint in this action, issued on the 18th day of
June. 1901, by the sheriff OF Idaho county to the
plaintiff as &, ustee purchaser at the sale upon
| execution aud Judgment of foreclosure of the
| suii MORTGAGE an taken MI
trustee pursuant to said first mentioned agree
ment; that the amount advanced aad paid out
by the plaintiff III and about the administra-
ton OF the said trust, viz: the amount OF $3.50 Is
| and interest thereon from the date oi filing
| this complaint together with the iurtner sum
of $1,000 for its services us such trustee in such
behalf be adjudged and determined 10 be a
superior and preferred claim and prior to the
interests OF the defendants in and to MI the
- held as trustee, to-wit In and to the sher-
IFS certificate of sale of the mining property
described therein and lien upon the interests
81 said defendants in and to the said judgment
In foreclosure, certificate OF sale, ana property
| escrib bed therein; that 1t be adjudged and de-
creed that the said defendants respectfully con-
tEibu pro rata with the plaintiff in accordance
It'll the respective interests or each and pay TO
the plaintiff such pro rata OF the said sum Of
$3.50 rs, together with interest; that the interest
OF any and all defendants who shall not so con
tribute be sold under the order aud direction Of
this court and the amount realized therefrom
be applied to the costs OF sale and To the pay
| ment OF the amount OF such contribution
spectfully and the balance paid to the de-
PENDANTS respectfully entitled therelo-or II
partial sale n the interest of noncontribuing
| defendants be found impracticibie or not 10 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 each of the de-
PENDANTS respectively in aud to said trust funds
and property be determined and adjudged by
decree of this court and that said certificate of
sale and all interests evidenced thereby in aud
| 70 the said judgment OF foreclosure and in ard
| to the said mining property be sold according to
law ana the rules aud practice of tins court and
the amount realized tbereir0m be applied To
the payment of the costs herein and the balance
II the respective parties to this action in ne
cord6nce with such decr.r. that pending sale
the annual assessment work on said mining
claims may be perfornc. by plaintiff, MS trns
| tee, aud the expense thereof be declared pre-
ferred aud prior charge 60 be paid out OF said
trust irnd; that an accounting be hnd between
the plaintiff and defendants upon all matters
arising under such trust relation and that plain
tiff be fully released and discharged by final
decree herein from all liability under said
| trust, and for further and general relief and for
costs of this action, rs more fully appears from
plaintiffs complaint on file herein a copy OF
which is served herewith and made part
thereof. and II you fail to appear aud answer
said complaint Us above required, the plaintif
viii take default against you and apply to the
court for the relief demanded in The complaint
Given under my hand and the Seal 81 the
~ District Court of the Second Judicial
SEAL district of the State of Idaho, IN and
for Idaho County, this 2lth day oi
l2l6 August, 1901.
A.. W. DARLINGTON. Clerk
By w. n. KNOX, Deputy Clerk.
Fogg & Nugent, Attorneys for Plaintiff