The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1907-08-02
Summons
The gtats of Idaho sends Greeting

IL ffdHclS M. Mchay, tne university OF
Illinois, corporation, Kate NJ. johnson, Kate
M. Johnson as administrative of the estate of
D. @. johnson, deceased, Kate M. johnson as
guardian of her minor children, Marion Lou
Use 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 d. 0. Johnson deceased Frank w.
Smith, Margaret B. Smith, Dorothy Smith. Ia
minor under the age of IA years., the I'm
known heirs of Frank W. Smith, deceased
person, the Unknown devisees of Frank W.
Smith, deceased person, and the Unknown
owners of the VIZ of the SEA and the SEA
of the SEA of Sec. s. Township North Range
81, Bingham County, Idaho, and the SWA of
Sec. rs, and the SEA of Sec. 20, all In Town
ship4, north of range 3s. 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 iude
ment and decree of this Court that the plain
i'll be adjudged and decreed to be the owner
in fee of all 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 Ad Litem be ap-
pointed for the minor children defendant.
named herein, and that plaintiff may have
such further relief as may be equitable and
just.
1t 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. a copy Of which lis attached
hereto and made a 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 a certain mortgage dated April 18th,
1897 made by Charles W. Spading, 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 Bird,
1897 in book * 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 IF" of Mortgages and on page
49, 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 mortgage and satisfying the same of
record
And that a certain qut.claim 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 1T" of Deeds. and on
page 100 thereof, and which deed was on the
10Th day of November, 1897 duly recorded in
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, purpOG ting 10 con
vey said real property to said defendant Nc
hay. which duly recorded In the office of the
County Recorder of Bingham County. Idaho
in Book "r'' Of Deeds and on page 1919 thereof,
were in effect intended to operate as mort
cages and thatthe debt INTENDED 10 be secured
thereby is void, and that both said nstrli-
ments 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 uaught
And that heretofore, on November 1lth
1897. said defendants, Frank W. Smith con
veyed one hundred and twenty Q20l acres of
land ont Of the Southeast quarter Of section
eight. township three. North of Range thirty
eight, East Boise Meridian, Bingham County,
Idaho. beng described in said complaint to
one, Thomas A. Harris, the intention being
to convey to said lInrrs the west half of the
Southeast quarter and the Southeast quarter
of the Southeastquarter of said Section y, and
decree Is prayed tOrthat the description in sud
deed he corrected 10 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 estoppcd and enjuined from making any
claim to any of said real property mentioned
in said complaint.
And you are hereby notified that il you
fail to appear and answer the said com
paint as above required, the said plaintiff
will apply to the Court for the relief demand
I'd in the plaintiffs complaint on file in this
action,
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