The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1907-08-16
rAs ssats Of idaho ssnds Greeting
Summons

nj. johnson as Administrative of the estate of
d. O. johnson, deceased, Kate NJ. johnson as
guardian OF her minor children, Marion Lou
ise johnson and Catherine Lucille johnson,
Marion Louise johnson and Catherine Lucille
johnson (minors under the age of IA years.,
Fred l.. Huston, as administrator of the es-
tate OF ID. O. johnson, deceased, Frank w.
Smith. Margaret B. Smith, Dorothy Smith, Ia
minor under the age ot IA years., the I'm
known heirs of Frank W. Smith, deceased
person, the Unknown devisees of Frank w.
Smith, a deceased person, and the Unknown
owners Of the VIZ of the SEA and the SEA
OF the Sell of Sec. s, Township 8, North Range
SS, Bingham County, Idaho, and the SWA of
Sec. rs, and the SEA of Sec. 20, all In Town
ship4, north of range IS, e. B. NJ, and all In
Fremont County, State of Idaho, defendants.
You are hereby summoned and required to
appear in an action brought against you by
the above named plaintiff in the District
Court of the Sixth Judicial District of the
State of Idaho, in and for the the County Of
Bingham, and to answer the complaint filed
therein, within twenty days exclusive of the
day of service) after the service on you of
this summons, if served within this district,
or if served elsewhere within forty days.
The said action is brought to obtain a iudg
ment and decree of this Court that the plain
iii be adjudged and decreed to be the owner
In fee Of I'LL the real property described in
the complaint on file herein that his title to
said property be quieted as to each of said
defendants; that a guardian AID Litem be APP
pointed for the minor children defendant,
named herein, and that plaintiff may have
such further relief as may be equitable and
just.
II Is alleged in the complaint as grounds for
this action that The said above named d. O.
johnson, deceased, during his life time was
the owner in fee of an undivided one-half in
terest In all the real property described in
the complaint, copy OF which his attached
hereto and made part hereof; that said de-
ceased left no debts in Bingham and Fremont
Counties. in the State Of Idaho; that his said
estate was duly administered in Probate
Court of Crawford County, Iowa, and that
the said real estate was duly and regularly
sold to This plaintiff herein, except as to the
defendant Fred L. Huston administrator of
said estate in Bingham County, Idaho
That certain mortgage dated April 18th,
1897, made by Charles W. Spalding to the de-
PENDANT, The University of Illinois, and re-
corded in the Office of the County Recorder
in and for Bingham County, Idaho, May 3rd,
1887, in book TX" of Mortgages and on page
IS thereof, and also duly recorded in the
Office of the County Recorder in and for FIRE.
mont County, Idaho. on the 4th day of May.
1897, in Book "F' Of Mortgages and on page
435 thereof, is paid and the debt secured there.
by discharged and that the said
mortgage and debt secured thereby are
fully barred by the Statute of Limitations;
and decree Is prayed for setting aside
said mortgageSand satisfying the same Of
record ta
And that Il certain quit.clam deed of date
November LIST, 1897 pretending to convey all
the real property mentioned in the COM
plant to the defendant, Francis NJ. Mckay.
which said deed was duly recorded in the
office Of the County Recorder of Bingham
County. Idaho in Book "T" of Deeds, and on
page 1906 thereof, and which deed was on the
10Th day of November, 1897, duly recorded in
the office of the County Recorder of FIRE.
mont County, Idaho in Book "A" of the |
Deed Record Of said Office, and on page 3Ss |
thereof. and also another certain quit-claim |
deed from said Spalding, purpOI ting to con- |
vey said real property TO said defendant Nc
nay. which duly recorded In the Office OF the |
County Recorder of Bingham County. Idaho,
in Book "T" OF Deeds and on page 1870 thereof,
were in effect intended to operate as mort.
cages and that the debt intended TO be secured |
is. void, and that both said instru-
nents are void and completely barred by the
Statute of Limitations, and decree is prayed |
for asking that said deeds be adjudged
mortgage, and that said mortgages be salts.
fed Of record. and held for naught.
And that heretofore. on November 18th,
1887, said defendants. Frank W. Smith con-
veycd one hundred and twenty (l2O, acres of
land out OF the Southeast quarter OF section
eight, township three, North of Range thirty.
eight. East Boise Meridian, Bingham County,
Idaho, being described In said complaint, to
one, Thomas A. Harris. the intention being
To convey TO said Harris the west half of the i
quarter and the Southeast quarter
Of the Southeast iarter fsad Section q. and
decree Is prayed forthat the description in said
deed he corrected to conform to the intentions
OF the parties.
And decree Is further asked that all of said
mortgages be satisfied Of record, both in
Bingham and Fremont Counties. In the State
Of Idaho, and that all the defendants be for
ever estOpped and enjuned from making any
claim to any Of said real property mentioned
In said complaint
And you are hereby notified, that IL you
fail u appear aud answer the said com
plant as above required. the said plaintiff
will apply To the Court for the relief demand.
ID In the plaintiffs complaint ON Gle In this
actiOn, 9H
Witness my hand and the seal of the Dis.
trict Court OF the Sixth judicial District OF
the State OF Idaho in and for the County of