The silver messenger. (Challis, Idaho) 1890-1912, 1904-07-19

icial District OF the State of Idaho
In and for the County OF Custer.
John y. Taylor and
James L. kirtley, Jr.,
Plaintiffs,
Erik. w. Gsrretsou, WilliamI
Marshall aud Philip Carl
r~staon. Defendants.
The State Of idaho sends greeting tC
the above named defendants
You arc hereby required to appear Ia
an sction brought against you by the
above named plaintiffs Ia the District
Court of the Sixth Judicial District oil
lhe 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 s~ervice)
after the service OF you Of this sum
mons, II served within the county; or
81 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 20 obtain
the Judgment Of this court In favor of
the plaintiffs and against the defend
ants, that the defendants be adjudsed
10 be trustees for these plaintiffs as to
an undivided u interest in the Sun
a.. 49,.
set No. /" lode mining claim; That a
certain contract between these plain
tiffs and the defendant Erik w. Gar
vetson be specifically performed, and
that these defendants and all of them,
make, execute and deliver to these
plaintiffs a good and sufficient deed of
an undivided " interest In the said
''Supset No. 1" claim. The complaint
10 this action shows that on or about
July 10th, 1902, these plaintiffs and the
defendant Erik w. Garretson entered
into an agreement commonly known
"a 'Grub-stake" agreement, under
which these plaintiffs were to furnish
this defendant Erik W. Garretson with
che necessary supplies, and the defen-
dsut Erik w. Garretson was to search
or prospect for mining claims In the
loon Creek Mining District, Custer
county. Idaho. That under said agree
suent defendant G~arretson should loe-
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 X; TO Janes Z. Kittley, Jr., an
undivided u and 10 Erik. w. Garrett
son an undivided IL. That under said
contract plaintiffs furnished said de-
fcndeut Erik. w. Garretsou with q
prospecting outfit; That the defendant
Erik. w. Garretson 10 accordance with
abe 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.
!" mining claim situate on Canyon
creek az miles from It's junction with
Loon creek the record of which loca-
tion Is on page Sic of Book "En of
Mining Claims, Of the records OF Gus
der county, Idaho. That the defend
ant Erik. w. Garretson did not place
che name of either of said plaintiffs on
said location notice, nor give any in
terest In said location or claim to eth
sr Of said plaintiffs, but did place the
names Of William Marshall and Philip
Garretson on the said location notice,
n hereby endeavored to defraud
these plaintiffs. That neither Philip
nor William Marshall was
present at the discovery or location of
said claim, or have any interest there
IN, except a colorado one given to en-
able defendant Erik. w. Garretson 10
defraud these plaintiffs of their inter
ests and legal rights, OF which said
Philip Gsrretson and William Marshall
had due notice.
And you are hereby notified that II
you fail 10 appear and answer the said
as above required, the said
plaintiffs will apply to the court for
the relief prayed for in plaintiffs COM
plant (See complaint on Ole which ia
eereey referred to and made a part
hereof.
'iven under my hand and the Seal Of
the District Court Of the Sixth
Judicial District OF the State
,CszD 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. L. KEYES, Clerk.
BY E. b. Reyes, Deputy Clerk.
A. Brown, Atty. for plaintiffs.
4lFAf uhltAUktAn III. 81 49, |