Walker Lake bulletin. (Hawthorne, Nev.) 1883-1926, 1904-01-15
MISCELLANEOUS.
SUMMONS.


for the county of Esmeralda.
John Fagin plaintiff, VS.. Joseph Seigle.
Charles I. Champion. Thomas c, Ste
pHeus, George Z. Murphy, Vulcan Cop
Per lining ana Smelling Company, /
corporation, Vulcan Consolidated Cop /
Per Company, a corporation, Nevada |
Vulcan Mines Company. corporation. |
and Louis Mccall, defendants.
Action brought in the District Court of
the First Judicial District Of the Safe of
Nevada in and for the county of Esmeral- |
da. and the complaint filed in the Office of
the cler; of said District Court.
The State of Nevada sends greeting to
Joseph Seigle, Charles T. Champion, Thos.
g. stephens, George +. Murphy, Vulcan
Copper Mining and Smelling Company, a
corporation, Vulcan Consolidated Copper
Company. a corporation, Nevada Vulcan
Mines Company, a corporation, and Louis
Mccall, defendants:
You are
hereby required to appear in an action
brought against you by the above named
plaintiff, In the said First Judicial District
Court OF the State of Nevada in and for
the county of Esmeralda and to answer
the complaint filed therein, within ten
days exclusive of the day of servieel after
the service on you of this summons-if
served within this county; or, if served
out OF this county, but in this District,
within twenty days, or otherwise within
forty days-orj Judgment by default will be
taken against you, according to the prayer
of said complaint
The said action is brought to obtain
decree of said District Court as follows,
to-wit
/ That the record of that certain deed
made and executed by plaintiff John Fagin
to defendant George +. Murphy, dated
the 18th day of January, 1899. and record
G in the County Recorders office of said
E5meralda county, State of Nevada, in
Book =" W " of Deeds, at pages 56S and $50
of the records of deeds in said office. pur-
porting to convey those certain mining
claims situated in Santa Fe Mining Dis
trict county of Esmeralda, State of Neva-
da, commonly known as the Mary Eliza
beth, John h., Kearsarge. Parrott and New
York mining claims, and alleged in said
complaint to have been placed in escrow
in the hands of J. G.. Atchison, to be held
by him and delivered to the grantee named
therein upon compliance with the condi-
/ tons of a certain contract and agreement
of sale OF said mining claims, recorded in
said County Recorders office in Book " b.
nj Anr nt
1853 and 1863, and the payment to the said
plaintiff of the sum of twelve thousand
dollars, and not otherwise, which said deed
was thereafter recorded by mistake, be
cancelled and declared null and void, and
that said deed be re-delivered to plaintiff.
That that certain deed m ide and execut-
cd by defendant George +, Murphy to de-
PENDANT Vulcan Copper Mining and Smelt-
ing Company dated the 18th day of Feb
ruary, 1899, also that certain other deed
made and executed by defendant Vulcan
! Copper Mining and Smelling Company, to
defendant Vulcan Consolidated Copper
Company, dated the Goth day of August
1891, and also that certain other deed made
and executed by defendant Vulcan Consoh
idated Copper Company, to defendant Ne
vada Vulcan Mines Company. dated tho
10Th day Of FEBRUARY, 1898, each and ali of
said deeds being recorded in the records
OF deeds in the County Recorders office of
said Esmeralda county, State of Nevada,
and each thereof purporting to convey
the title to the aforesaid Mary Elizabeth,
John l., Kearsarge, Parrot and New York
Mining claims, be adjudged and decreed
4 fraudulent, null and void, and that the
same and the records thereof be Cancelled
and annuiled
That that certain instrument made
and executed by defendant Nevada Vul-
can Mines Company to defendant
Louis Mccall, dated May 26, 1903,
Re orded in tho County Recorders
Office If said Esmeralda county, State of
| Nevada, in the records of said county ,pur-
porting to convey the buildings, improve
ments and hosting works situated upon
the aforesaid mining claims. as personal
property, be adiudged and dcereed fraud
ulaDt null and void, and that the same and
tho record thereof be cancelled and an
nul!ed.
That plaintiff be adiddged and decreed
to have and hold vendors lien upon each
and all the aforesaid mining claims and
properties, in said complaint mentioned,
as security for the payment TO him of the
unpaid purchase price thereof. amounting
to the sum Of twelve thousand dollars
and that each and all of the said mining
claims and properties, together with the
appurtenances and improvements thereon,
and all ores now upon said mining claim,
be sold under and by order of this court,
and that the proceeds thereof be applied
ID the payment Of the costs of making
such sale, the plaintiffs costs and dis
bursements in this suit expended, and the
said sum of twelve thousand dollars and
interest thereon, to plaintiff ; and for such
other and further relief as equity can
grant, and for costs.
All of which will more fully appear from