Gilpin observer., 1903-02-05

STATE OF COLORADO,
COUNTY OF GILPIN,
In the District Court.
Leopold Sternberger, Plaintiff,
VS..
The Rara Avis Gold 4 Silver Mining Company,
corporation, The Guarantee Trust & Safe De-
posit Company Of Philadelphia, Pennsylvania,
as Trustee, VIC. Mitchell. Hen-y C. Terry, as
Trustee, and in his individual capacity, The
Rich Rock Mining d Milling Company. a cor
poration, Jonathan o. Stokes. as Trustee and
c. Phillips and F. H. Elder, Defendants
SUMMONS.
The People of the State of Colorado, to The Rara
Avis Gold Silver Mining Company, a corpo-
| Company of Philadeiphia, Pennsylvania, as
| Trustee, W. &. Mitchell, Henry c. Terry.
| Trustee. and in his individual capacity, The
poration, Jonathan o. Stokes. as Trustee and
in his individual capacity John Wright, Frank
| G. Phillips and +. H. Elder, the defendants
above named, GREETING
| You are hereby required to appear in an action
brought against you by the above named plain
tiff, in the District Court of Gipin county, State
of Colorado, and answer the complaint therein
within twenty days after the service hereof. if
served within this county; or, il served out of
this county, or by publication. within thirty days
after the service hereof, exclusive of the day of
Service; judgment by default will be taken
against you according to the prayer of the COM
| plant: and if a copy of the complaint in the
above entitled action be not served with this
summons, or il the service hereof be made ont of
this state, then ten days additional to the time
hereinabove specified for appearance and answer
will be allowed before the taking OF Judgment by
| This an nction to foreclose mortgage execut-
ed by the defendant, the Rara Avis Mining Com
pany. a corporation, on April 9th 1855, upon the
following described properties:
Mineral entry numbered 15+S Lot numbered 63s
Mineral entry numbered 1874 Lot numbered 6as
The Rara Avis Lode and Mine, the j. p Whitney
| Lode and Mine and three hundred feet of the
Northeasterly extension Of said lode ana also all
that the Rara Avis lode Mineral survey numbered
6sS. The J. +. Whitney Lode Mineral survey num-
Der 6S9 The Rara Avis mill site mineral survey
number FPS. and all the Little Mac Lode Mineral
Survey No. 7iS. oil in Eureka Mining District. Gil
county. Mineral District number one, State of
Colorado. to secure the payment of the indebt
| edness hereinafter mentioned.
The said action is brought to recover the sum
| OF Twenty-Five Hundred Dollars, the amount OF
said bonds, with interest thereon at the rate of
six per centum per annum, from the twenty-sev-
enth day of April, Eighteen Hundred and Eighty
Five. and for costs of snt.
| And that tho usual decree may be made fore
closing said mortgage and for the sale Of said
mortgaGed promises by the sheriff OF said Gilpin
the practice of this court: that the proceeds Of
said eale may be applied in payment of tho
amount dne to the plaintiff and that said defend
pany, n corporation, and all corporations orlper-
sons claiming under. by through, or against said
| ing Company, corporation, either under deeds,
contracts or otherwise, may be forever barred
and foreclosed Of all right, claim or equity Of
thereof, and that the said plaintiff may have
Judgment and execution against the said defend
ant, The Rara Avis Gold and Silver Mining Com
pany. a corporation, for any deficiency which
may remain after applying all the proceeds Of the
sale of snid premises properly applied to the
| satisfaction ~ said Judgment.
| And that the plaintiff or any other party to this
| suit may become purchaser at said sale; that
| the said sheriff of Gilpin county, State Of Colo
RADIO, execute deed TO the purchaser; that the
said purchaser be let into the possession Of the
| aforesaid promises on production of the afore-
said sheriffs deed therefor: and that the plaintiff
may have such other further relief a. to this
court may seem meet and equitable, as will moro
which reference is here made; copy Of which is
hereto attached.
And you are hereby notified that II you fail to
| appear, and to answer the said complaint as
above required. the said plaintiff will take de-
| fault and Judgment and decree against you as
prayed for in said complaint.
Given under my hand and official seal at Cen
trnl City, in said county. this 18th day 81 Decem-
| ber, A. ID. 1902. MORRIS HAZARD,
| Clerk.
| frat pub ian 2Q-last fob ~. 1903