The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1907-07-26
The Jtats Of idaho Jsnds Greeting
Summons

ILLINOIS,, corporation, Kate NJ. Johnson, Kate
| NJ. johnson as administratriYof the estate of
u, o. johnson, deceased Kate M. 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 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 Wa of the SEA and the SEA
OF the SEA of Sec. s, Township 3, North Range
81, Bingham County, Idaho, and the SWA of
Sec. Is, and the SEA of Sec. 20, all in Town
ship4. north of range 49, 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 Obi ain judy
ment and decree OF this Court that the plain
itf 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 APP
pointed for the minor children defendant.
named herein, and that plaintiff may have
such further relief as may be equitable and
just.
lris alleged in the complaint as grounds for
this action that the said above named d. 0.
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 lis 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 i'm 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
y.
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,
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 ~ of Mortgages and on page
1876 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 certain quitcaim deed of date |
November lsf 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 IT. of Deeds. and on
mage 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 1888
thereof, and also another certain quii-claim
Iced from said Spalding, purpo't ting to con
vey said real property to said defendant Me-
hay, which duly recorded in the Office of the
-ounty Recorder of Bingham County. Idaho
n Book ~ OF Deeds and on page 1879 thereof
we're in effect intended to operate as mort.
RACES and that the debtntended to be secured
hereby is void, and that both said instru-
nents are void and completely barred by the
statute of Limitations, and decree is prayed
or asking that said deeds be adjlIdged
mortgage. and that said mortgages be Salts
led OF record. and held for nanght.
And that heretofore, on November t1th
s97 said defendants, Frank W. Smith CON
eyed Que hundred and twenty Q?N acres OF
and Out or the Southeast quarter OF section
light township three, North of Range thirty
light East Boise Meridian. Bingham County,
IDAHO. beng described in said complaint, 20
me, Thomas A. Harris, The intention being
= convey to said Harris the west half of the
southeast quarter and the Southeast quarter
# the Southeast quarter of said Section \. and
ecree is prayed forthat the description in said {
ICED be corrected to conform to the in tentions
# 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
# Idaho, and that all the defendants be for
ver estopped aud enjuned from making any
lain to any of said real property mentioned /
n said complaint
And you are hereby notified, that if YOU !
all 10 appear and answer the said com |
'laint rs above required, the said plaintiff ..
viii apply to the Court for the relief demand
d in the plaintiffs complaint on 6le in this S
ctiOn,
Witness my hand and the seal of the Dis
rict Court of the Sixth JudicIal District OF !
he state of Idaho, inand for the County of !