The silver messenger. (Challis, Idaho) 1890-1912, 1904-08-30
ALIAS SUMMONS.

In the District Court of the Sixth judi
icial District of the State of Idaho,
in and for the County of Custer.
John s. Taylor and
James L. Kirtley, Jr.,
Plaintiffs,
Erik. w. Garretsou, Willism
Marshall and Philip Gar
retson, Defendants.
The State Of Idaho sends greeting tC
the above named defendants
You are hereby required to appear il
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
County OF Custer, and to answer the
complaint fled therein, within ten
days exclusive of the day of service)
after the service on you of this sum-
mons, IL served within the county; or
II 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
che judgment of this court in favor of
the plaintiffs and against the defend
aats, that the defendants be adjudged
90 be trnstees for these plaintiffs as to
an undivided q interest in the Sun
set No. l" lode mining claim; That
certain contract between these plain
titfs and the defendant Erik w. Gar
retson be specifically performed, and
that these defendants and all of them,
make, execute and deliver to these
PLAINTIFF good and sufficient deed of
an undivided g interest in the said
''SuDset No. 1" claim. The complaint
in this action shows that on or about
July 10th, 1902, these plaintiffs and the
defendant Erik W. Garretson entered
iato an agreement commonly known
as "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 loo
ate all mining claims or mill-sites found
or discovered by him in the names of
defendant Erik. w. Garrets on and these
plaintiffs; to John s. Taylor an un-
divided Il; to James L. Kirtley, Jr., an
n and TO Erik. w. Garrett
son an undivided q. That under said
contract plaintiffs furnished said de-
PENDENT Erik. w. Garretson with
outfit; That the defendant
Erik. w. GaTretson in accordance with
the terms of said contract went into
said Loon Creek Mining district and
there on the s5th day of July, 1902,
and located the Sunset No. |
]" mining claim situate on Canyon
creek az miles from its junction with
Loon creek the record of which loca-
lion Is on page SIC 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 on
said location notice, nor give any in
terest in said location or claim to eth
n OF said plaintiffs, but did place the
names of William Marshall and Philip
iarretson on the said location notice.
md hereby endeavored to defraud
hese plaintiffs. That Mother Philip
isrretson nor William Marshall was ]
'rescnt at the discovery or location of
aid claim, or have any interest there
n, except colorado one given to en-
BILE defendant Erik. w. Garretson to
efraud these plaintiffs of their inter
sts and legal rights, of which said
'hilip Garrstson and William Marshall
ad due notice.
And you are hereby notified that II
on fail to appear and answer the said I
Omplsint, as above required, the said
laintitfs will apply to the court for
he relief prayed for in plaintiffs com
LIANT (See complaint on Gle which is
ereby referred to and made a part
ereofl.
'iven under my hand and the Seal of
the District Court of the Sixth
Judicial District Of the State l
ssS5D OF idaho, In and for the County
~ OF Custer. this ssth day Of June |
In the year of our Lord one
Thousand nine hundred four.
GEO. E. KEYEs, Clerk. {
l'y Z. u. Reyes, Deputy Clerk. (
Hilton A. Brown, Atty. for Plaintiffs. .