The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1907-07-19
Summons

M. johnson as administrative of the estate of
D. O. 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. o. 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, a 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 SEA of SCI. s. Townships 3, North Range
3s, Bingham County, Idaho, and the SWA of
Sec. %, and the SEA of Sec. rs, 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 judg-
ment and decree of this Court that the plain
if 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 AID 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. "A
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 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 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 14th,
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 3rd,
1897, in book "K' of Mortgages, and on page
| IS thereof, and also duly recorded in the
office of the County Recorder in and for Ere.
mont County. Idaho. on the 4th day of May
1897, in Book 81 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 mortgage and satisfying the same Of
record.
| And that certain quitclam 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 Ere
mont County, Idaho, in Book "a of the
Deed Record of said office, and on page 3S5
| thereof, and also, another certain quit claim
deed from said Spaldng, pertaining to 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 ST" OF Deeds and on page 129 thereof,
were in effect intended to operate as mort
cages and that the debtintended to be secured
| o,,1 hat 1,nt
ments are void and completely barred by the
Statute of Limitations, aud decree is prayed
for asking that said deeds be adjudged a
mortgage, and that said mortgages be salts
fed of record, and held for naught.
And that heretofore. ON November 18th
1897. said defendants. Frank W. Smith con
veyed one hundred and twenty u2O) 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
Southeast quarter and the Southeast quarter
of the Southeast quarter of said Section s, 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
ever estopped and enjoined from making any
claim to any of said real property mentioned
in said complaint.
And you are hereby notified, that if you
fail TO appear and answer the said COM
plant as above required, the said plaintiff
will apply to the Court for the relief demand
ed in the plaintiffs complaint on Gle in this
action,
i 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