The silver messenger. (Challis, Idaho) 1890-1912, 1904-07-12


In and for the County of Custer.
John 3. Taylor and
James L. dkirtley, Jr.,
Plaintiffs,
Erik. w. Garretson, William
Marshall and Philip Cars
vssson, Defendants.
The State of Idaho sends greeting tc
che above named defendants,
xou are hereby required to appear Ia
~ acsion brought against you by the
above named plaintiffs In the District
Court OF the Sixth Jndicisi District of
che State of Idaho, In and for the
CoUnty of Custer, and 10 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
IL 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 aud against the defend
ants, that the defendants be adjudged
10 be trustees for these plaintiffs as to
an undivided Fl interest in the ''Sun-
set No. ~ lode mining claim; That a
certain contract between these plain
lifts and the defendant Erik w. Gar
Fetson 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 u interest In the said
Sunset No. II 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-stale" agreement, under
which these plaintiffs were to furnish
this defendant Erik w. Garretson with
fhe 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-stes found
or discovered by him in the names of
defendant ERIK, w. Garretson and these
plaintiffs; to John S. Taylor an un-
divided Is; to James L. Kirtley, Jr., an
undivided Il and TO Erik. w. Garrett
son an undivided ~. That under said
contract plaintiffs furnished said de-
PENDENT Erik. w. Garretson with a
prospecting outfit; That the defendant
Erik. w, Garretson In accordance with
the terms Of said contract went into
said Loon Creek Mining district and
fhere on the 25th day of July, 1909,
discovered and located the "Sunset No.
~ mining claim situate on Canyon
creek ~ miles from its junction with
Loon creek the record of which loca-
zion Is on page 5l3 of Book "Er of
Mining Claims, of the records of Gus
fer county, Idaho. That the defend
ant Erik. w. Garretson did not place
ehe name of either of said plaintiffs on
said location notice, nor give any In
scr@sa In said location or claim to eth
pr OF said plaintiffs, but did place the
names of William Marshall and Philip
GarFetson on the said location notice,
and hereby eudeavored TO defraud
ahese 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. Garretson to
defraud these plaintiffs of their inter
ests and 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
as above required, the said
plaintiffs will apply to the court for
the relief prayed for in plaintiff's com
plaint. (See complaint on tile which is
hereby referred 10 and made part
hereof.
Given under my hand and the Seal OF
the District Court OF the Sixth
Judicial District Of the State
(Cnsn OF Idaho, In and for the County
$50 OF Custer, this 2s,h day of June
10 the year of our Lord one
thousand nine hundred four.
GEO. Z, KEYES, Clerk
BY p. b. Keyes, Deputy Clerk.
Milton A. Brown, Atty, for Plaintiffs.
First publication July sth, 1904