The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1902-07-17
ALIAS SUMMONS.

ALIAS SUMMONS.
Insthe Distrsct Court Of the Second
Judicial District Of the State Of Idaho. in
and for the county Of Nez Perez.
James Hayes, Anna NJ. Hayes and
Mary Hayes, PLAINTIFF, VS.. Mary Jane
O BIien and Timothy O'Brien, her hus-
band, Ellen Schwarm, Annie Ulrich and
H. ]. Uirich. her husband, Louisa Nc
Cornell and E. K. Mcconnell, her hus-
band. Joseph L. Clark, John j. Doyle.
William ]. Doyle, Winifred Rieneman
and John Bieneman her husband, Frank
Il. Clark, Lucinda Brearley. Phoebe
Atkins and John +. Atkins, her husband,
Francis Gray and Isaac Gray, her hus-
band, Jane Croghan and Jesse Croghan,
her husband, Mary Tate and William
Tate, her husband, Morris Davis, Thomas
Davis and William Davis, Defendants.
The State OF Idaho sends greeting:
To Mary Jane O'Brien and Timothy
o 'Brien, her husband, Ellen Schwarm,
Annie Ulrich and H. J. Ulrich. her hus-
band. Louisa Mcconnell and e. r. Nc
Cornell, her husband. Joseph l.. Clark,
John ]. Doyle, William ]. Doyle. Wiui.
fred Bieneman and John Bieneman, her
husband, Frank H. Clark. Lucinda Brear.
ley. Phoebe Atkins and John e. Akins.
her husband, Frances Gray and Isaac
Gray her husband, Jane Croghan and
Jesse Croghan, her husband, Mary Tate
and William Tate. her husband, Morris
Davis, Thomas Davis and William Davis,
defendants.
You are hereby summoned and re-
quired to appear in an action brought
against you by said plaintiffs in said dis
trict court and to answer the amended
complaint Of the above named plaintiffs
filed therein within ten days Exclusive
OF the day of service) after the service on
you of this summons if served within
this county, or ifserved out Of this county,
but within this Judicial District within
20 days, or if served elsewhere within 40
days.
This action is brought to quiet the title
of the plaintiffs to the following described
real property situate in the city Of Lewis
ton, Nez Perce county, state Of Idaho. to-
wit:
Lots 4, 8, 4, S. 6, :. and 8 Of block 10.
lot 3, also lot Except the east 73 feet Of
the north 48 feet thereby Of block Is and
lot IS Except the west 4 feet thereby of
block 80. according TO the plat Of True's
survey of said city Of Lewiston "a the
said Nez Perez county, and to have the
cloud cast upon said title by an instru-
ment purporting to be conveyance from
N. B. Holbrook to John Clark, dated
May 80. 1877, and filed for record June !,
1877, and recorded June 9, 1877, ia block
7 of Deeds, pages 388 to 3oO in the Re-
corder's Office of said 41ez rerce county,
and to have it adjudged and declared
that the legal title, if any, to said real
property vested in said John Clark by
said instrument Injured to and for the
use of Christina Clark, under whom these
plaintiffs claim title, and for whom the
said John Clark was, as alleged in the
said amended complaint, trustee at the
time of the execution to him of said
instrument.
The amended complaint alleges, among
other things, that the said Christina
Clark, and John Clark, were husband
and wife at the time or the execution of
said instrument to John Clark; that said
Christina Clark was the owner Of said
real property prior to her marriage to the
said John Clark and at the time of the
execution of the said instrument to the
said John Clark, and that said John
Clark. as the husband Of said Christina
Hayes, was trustee for her OF her separate
property, and unable to acquire any In
terest adverse to her thereif, and that
the said John Clark, at all tines during
his lifetime, disclaimed having acquired
any title to said property under said
instrument adverse to the said Christina
Clark, and that Christina Clark and
those claiming under her have at all
times had sole adverse and exclusive pos.
session of and paid all taxes Of said
property
The amended complaint also prays for
such further and other relief as the Court
may deem just and equitable and for costs.
For more particular information con-
corning the allegations of the said COM
plant reference is made to the amended
complaint on file in the action.
And you are hereby notified chat il you
fail to appear and answer said complaint,
as above required, the said plaintiffs will
take your default and apply to the court
for the relief demanded in said complaint.
Attest my hand and the seal of the
District Court Of the Second Judicial Dis
trict of the state of Idaho. in and for Nez
Perez county, this 24th day of May. 1902.
Seal Of District Court.
p. E. STOoKEy,
Clerk Of Dist. Court.