Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1901-08-22

District Of the Of idaho in and 'iG op ,s
County Of Idaho. e 'or 'ne
Burke, q. 7. Thrasher. John q. Allison, E sory
h Holm n George ?. Walters, Henry steens
ssIr stewart al aim ! James oS5ndS r.
Leod. F. H. Cole, Ezra Thrasher ThomMsc. NC.
Whitney, Charles Latferty, T. W. Cole. Thomas
stewart, Lee Kay. Henry Wax, Thomas ss b Boli +.
man, Lee Man, s. II. Clinednst defendants
=, The state Of Idaho sends greeting to: Trad
Mei Inh, I ". Fall, Rory Burke, g. r Thrash
Walters, Henry Steenbock, Daniel Trullineer
Barr Stewart, All Him, James NJ. Mcleod F. Il
ias Ezra TWnrashh ,s Thomas Wi,hey Charles
Hoesmann, Carl James, L. L. Stewart, Lee Kay
Henry Wax, Thomas Bollman, Lee Mann, s Il
Clinedinst, defendants.
You are hereby required to appear in an no.
ton brought against you by the above named
plaintiff in the District Court OF the Second Ju-
dicial District State of Idaho in and for Idaho
therein within ten days exclusive Of the day Of
servicel after the service OH you of this SUM
mons-if served within this county, or II served
within twenty days; or II served elsewhere
within forty days-or judgment by default will
be taken AGAINST you according to the prayer Of
This action IL brought to obtain a 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, ex.
eeuted on the oath day of December, 1899.
wherein 1t was provided that plaintiff should
take Il mortgage in trust for claims due plain.
tiff and defendants from the Idaho Comstock
Mining and Milling Co., a corporation Ill and
to a 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
plaintiff as trustee rs purchaser at the sale upon
execution 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 and paid our
by the plaintiff in and about the administrs
ton of the said trust, viz; the amount OF sls508
aud interest thereon from the date OF filing
this complaint together with the further sum
OF $1,000 for its services as such trustee in such
behalf be ndjudged and determined to be
superior and preferred claim and prior to the
interests OF the defendants in and to all IT,
funds, security and property now in its haH
so held as trustee, to-Wit; In and to the sher-
if's certificate OF sale of the mining property
described therein and a lien upon the interests
of said defendants in and to the said Judgment
in foreclosure, certificate of sale, ana property
described therein; that 1t be adiudged 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
$3.50 26, 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 therefrom
be applied to the costs OF sale aud to the pay
ment of the amount of such contribution re-
specially and the balance paid to the de-
PENDANTS respectfully entitled thereo,-or II
partial sale OF the interest of noncontributing
defendants be found impraeticibe or not 60 the
best interests of the parties to this action, then
that the amount aud the priority OF the ln-
terests of the plaintiff and OF each OF ths DE-
PENDANTS respectively in and to said trust luhds
and properly be determined aud adjudged by
decree of this court and that said certificate o.
sale and all interests evidenced thereby IN ana
70 the said judgment of foreclosure and IN and
to the said mining property be sold according 70
the amount realized therefrom be apnAe0 10
the payment Of the costs herein and the balance
To the respective parties to this action III ac-
eoTd6uce with such decree. that pending SAFE
the annual assessment work on said mining
claims may be performed by plaintiff, us trns-
ferred aud prior charge to be paid out OF said
trust fund; that in accounting be had between
the plaintiff and defendants upon all matters
arising under such trust relation and that Pialh.
tiff be fully released and discharged by maj
decree herein from MI liability under said
trust, and for further and general relief ana iof
costs OF this action, as more fully appears from
plaintiffs complaint on file herein a copy OF
which Is served herewith and MADE paIt
thereof. and II you fail to appear and answer ,tg
said complaint rs above required, the .plllhllh
will take default against you and apply 70 "! he
court for the relief demanded In The complain.
Given under my hand and the Seal OF lns
District Court OF the Second judicial
SEAL District of the State of Idaho, IN anu
for Idaho County, this 2lth Gay VI
1216 August, 1901. ga,
A. W. TALKINGTon, Clerk
BY W. n. KNOX, Deputy Clerk.
Fogg Il Nugent, Attorneys for Plaintin.