The silver messenger. (Challis, Idaho) 1890-1912, 1904-07-05

/ lu the District Court of the Sixth Jud-
icial District of the State of Idaho,
in and for the County OF Custer.
John 5. Taylor and
James L. Kirtley. Jr..
Plaintiffs,
Erik. w. Garretson, Williain
Marshall and Philip Gar
retson. Defendants.
The State Of Idaho sends greeting to
the above named defendants:
You are hereby required to appear Ia
an action brought against you by the
above named plaintiffs in the District
Court OF the Sixth judicial District of
the State OF Idaho, in and for the
I County of Custer, and TO answer the
! complaint filed therein, within ten
days (exclusive Of the day of serviceD
/ after the service on you of this sum
I mons, if served within the county; or
\ if served out of this county. but in this
district. within twenty days; otherwise
within forty days, or Judgment by de-
fault will be taken against you accord
ing to the prayer of said complaint.
The said action is brought TO obtain
the Judgment of this court in favor of
the plaintiffs and against the defend
ants, THAT the defendants he adjudk ed
to be trustees for these plaintiffs as to
an undivided = interest in the Sun
set No. II lode mining claim: That a
certain contract between these plain
tiffs and the defendant Erik w. Gar
retson be specifically performed, and
I that these defendants and all of them.
/ make, execute and deliver to these
/ plaintiffs a good and sufficient deed of
an undivided 3 interest in the said
Sunset No. L claim. The complaint
in this action shows that on or about
July 10th, 1902, these plaintiffs and the
/ defendant Erik w. Garretson entered
into an agreement commonly known
as a "Grub-stake" agreement, under
which these plaintiffs were to furnish
/ this defendant Erik w. Garretson with
the necessary supplies, and the defen-
dant Erik w Garretson was to search
or prospect for mining claims in the
Loon Creek Mining District, Custer
county, Idaho. That under said agree
ment defendant Garretson should loc-
ate all mining claims or mill-sites found
or discovered by him in the names OF
/ defendant Erik. w. Garretson and these
plaintiffs; to John 5. Taylor an un-
divided Il; to James L. Kirtley, Jr., an
undivided s and to Erik. W. Garrett
son an undivided 1s. That under said
contract plaintiffs furnished said de-
fendent Erik. W. Garretsou with a
prospecting outfit; That the defendant
Erik. w. Garretson in accordance with
the terms of said contract went into
said Loon Creek Mining district and
there on the 25th day of July. 1902,
discovered and located the "Sunset No
T. mining claim situate on Canyon
creek 3l9 miles from its junction with
Loon creek the record of which loca.
tion is on page 51a of Book "E" OF
Mining Claims, of the records of Gus
ter county, Idaho. That the defend
ant Erik. w. Garretson did not place
the name of either of said plaintiffs or
said location notice, nor give any in
terest in said location or claim to eth
er of said plaintiffs, but did place the
names of William Marshall and PhiliI
Garretson on the said location notice
and hereby endeavored to defraud
these plaintiffs. That neither PhiliE
Garretson nor William Marshall was
present at the discovery or location OF
said claim, or have any interest there
in, except colorado one given to en-.
able defendant Erik. W. Garretson tC
defraud these plaintiffs of their inter.
ests and legal rights, of which sai6
Philip Garretson and William Marshal
had due notice.
And you are hereby notified that il
You fail to appear and answer the said
complaint, as above required, the said
plaintiffs will apply to the court for
the relief prayed for in plaintiffs com
plant. (See complaint on file which IL
hereby referred to and made par
hereof.
Given under my hand and the Seal o
the District Court of the Sixth
Judicial District of the State
l@CEO of Idaho, in and for the County
Ego of Custer, this 2sth day of june
in the year of our Lord one
thousand nine hundred four.
GEO. E. KEYES, Clerk
By E. b. Keyes, Deputy Clerk.
Milton A. Brown, Atty. for Plaintiffs
First publication July 5th, 1904.