The silver messenger. (Challis, Idaho) 1890-1912, 1904-07-26

10 the District Court Of the Sixth Jud'
icial District of the State of Idaho
in aud for the County of Custer.
John s. Taylor and
James L. Kirtley, Jr.,
Plain tiffs,
Erik. w. Garretsou, William
Marshall and Philip Car
retson, Defendants.
The State of Idaho sends greeting &C
the above named defendants
You are hereby required TO appear ID
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 filed 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 20 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 adjudg ed
TO be trustees for these plaintiffs as to
an undivided 81 interest in the "Sun-
set No. ~ lode mining claim; That
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
''Sunset No. 1" claim. The complaint
in this action shows that on or about
jury 10th, 1902, these plaintiffs and the
defendant Erik W. Garretson entered
into an agreement commonly known
rs "Grub-stalse" 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. Garretson and these
plaintiffs; TO John s. Taylor an un-
divided Il; to James L. Kirtley, Jr., an
undivided x and to Erik. w. Garrett
son an undivided II. That under said
contract plaintiffs furnished said de-
PENDENT Erik. w. Garretson with
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, 1909,
discovered and located the Sunset No.
]" mining claim situate on Canyon
creek 81 miles from its junction with
Loon creek the record of which loca-
tion is on page 512 of Book az" 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
er OF said plaintiffs, but did place the
names of William Marshall and Philip
Garretson on the said location notice.
aud hereby endeavored TO defraud
these plaintiffs. That neither Philip
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. Garretsou to
aefraud these plaintiffs OF their inter
rsts aud legal rights, of which said
Philip Garretson and William Marshall |
bad due notice.
And you are hereby notified that If
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 is
hereby referred to and made a part
hereof.
Given under my hand and the Seal of
the District Court of the Sixth
judicial District of the State
Se1D OF idaho, in and for the County
~ OF Custer, this esth day of June
In the year of our Lord one
thousand nine hundred four.
GEO. Il. KEYES, Clerk.
by e. d. Reyes, Deputy Clerk.
Milton A. Brown, Atty. for Plaintiffs.
Il ian III.