The silver messenger. (Challis, Idaho) 1890-1912, 1904-08-02

In the District court OF the oiXIn Juu
icial District OF the State of Idaho
in and for the County of Custer.
John s. Taylor and
James L. Kirtley, Jr.,
Plaintiffs,
VS..
Erik. w. Garretson, William
Marshall and Philip Gar
retson, Defendants.
The State of Idaho sends greeting L
the above named defendants
You are hereby required to appear II
an action brought against you by tn
above named plaintiffs in the Distric
Court of the Sixth Judicial District o
the State OF Idaho, in aud for th'
County OF Custer, and to answer the
complaint filed therein, within ter
days exclusive of the day of service
after the service on you OF this sum
mons, II 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
the judgment of this court In favor of
the plaintiffs and against the defend
ants, that the defendants be adjudke ed
20 be trustees for these plaintiffs as to
an undivided e 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
that these defendants and all of them,
make, execute and deliver to these
plaintiffs good and sufficient deed of
an undivided Is interest in the said
'SuDset No. L. claim. The complaint
in this action shows that on or about
July 10th, 1909, these plaintiffs and the
defendant Erik w. Garfetsun entered
into 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 10 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 s. Taylor an I'M
divided r.; TO James L. Kirtley, Jr.. an
undivided Il and to Erik. w. Garrett
SON AN undivided Il. That under said
contract plaintiffs furnished said de-
PENDENT Erik. w. Garretson with
prospecting outfit; That the defendant
Erik. w. Garretson ia accordance with
The terms OF said contract went into
said Loon Creek Mining district and
there on the s5th day Of July, 1902,
discovered and located the Sunset No.
]" mining claim situate on Canyon
creek Sls miles from its junction with
Loon creek The record of which loca-
ton is on page 5l9 of Book az" of
Mining Claims, OF the records of Gus
ter county, Idaho. That the defend
ant Erik. W. Garre,son did not place
Inc name OF either Of said plaiotiffs on
said location notice, nor give any in
lerest In said location or claim 10 eth |
y OF said plaintiffs, but did place the /
names of William Marshall and rhilip
iarretson on the said location notice.
md hereby endeavored To defraud
'hese plaintiffs. That neither Philip
jarretson nor William Marshall was I
present at the discovery or location of
aid claim, or have any interest there
n, except colorado one given TO en-
bic defendant Erik. w. Garretson To
efraud these plaintiffs Of their inter
SITS and legal rights of which said
'billp Garretson and William Marshall
lad due notice.
And you are hereby notified that IL
on fail to appear and answer the said
omplaint, AS above required, the said
'iaintiffs will apply 10 the court for
he relief prayed for in plaintiffs com
iaint. (See complaint on Ole which is
ereby referred to and nude part
ereofl.
''ven under my hand and the Seal Of
the District Court of the Sixth
Judicial District Of the State
SeSID Of idsLo, in aud for the County
- Of Custer, this es,h day Of June I
10 the ycar If our Lord enc
ucrsard nirc hundred four.
GRO. y. KEYEs, Clerk.
l'y !. u. Reyes, peru,y clerk. &
Hilton A. Brown, Atty. for llsintifs
'irst publication July sih, 1891.