The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1907-08-09
The state of idaho Sends Greeting
Summons

To Francis NJ. Mckay, the University of
ILLINOIS, corporation, Kate NJ. johnson. Kate
Nj. Johnson as administrators of the estate of
u. q, Johnson, deceased. Kate Nj. 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 ID. o. johnson. deceased, Frank w
smith, Margaret b. Smith, Dorothy Smith, "a
minor under the age OF IA years. the I'm
known heirs of Frank W. Smith, a deceased
person, the Unknown devisees of Frank w,
smith deceased person, and the Unknown
owners of the VIZ of the SCI and the SCI
of the SEA Of Sec s, Township 8, North Range
IS, Bingham County, idaho, and the Swl4 of
sec. 70, and the SEA of Sec. rs, all in Town
shp4. north of range IS, f. B. NJ, and all in
Fremont County, State OF. Idaho, defendants.
on 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 or 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
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 queted as to each of said
defendants; that 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-haf in
terest in all the real property described in
the complaint, copy of which ais 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 his plaintiff herein, except as to the
defendant Fred L. Huston administrator of
said estate in Bingham County, Idaho
That Il 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 Bird,
1897, in book *" Of Mortgages and on page
81 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
435 thereof, is padAnd 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 quit-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 ''T" of Deeds. and on
page 1O6 thereof, and which deed was on the
10Th day of November, 1897, duly recorded i'm |
the Office of the County Recorder of FIRE. |
mont County. Idaho in Book "A" of the |
Deed Record of said office, and on page 1855 |
thereof, and also another certain quit-claim
deed from Said Spaldng, purpol ting 10 con
vey said real properly to said defendant Nc
hay. which duly recorded in the office of the |
County Recorder of Bingham County, Idaho |
in Book 'T'' OF Deeds and on page 129 thereof
were in effect intended to operate as mort
cages and that the debt intended 10 be secured |
thereby is void, and that both said tnstrl-
ments are. void and completely barred ~ the
Statute of Limitations. and decree is prayed
for asking that said deeds be adiudged
and that said mortgages be salts
fed OF record. and held for naught.
And that heretofore. ON November nth,
1897, said defendants Frank W, Smith con.
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
Southeast quarter and the Southeast quarter
Of the Southeast quarter of said Section 4, and
decree is prayed forthat the description in said
deed be 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
'ver estopped aud enjuined from making any
lain to any of said real property mentioned
n said complaint.
And you are hereby notified. that if you
all To appear and answer the said CON :
,laint as above required the said plaintiff y
will apply to the Court for the relief demand
ID in The plaintiff complaint on 6le in this E,
ction, {
Witness my hand and the seal of the Dis. $
riot Court of the Sixth Judicial District OF d
he state OF Idaho, in and for the County OF q