The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1907-07-12
The state of Idaho sends Greeting
Alias
summons

defendants.
The state of Idaho Sends Greeting
To Francis M. Mckay, the University of
Illinois, corporation, Kate NJ. johnson, Kate
NJ johnson as Administrative of the estate of
ID. 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 (mnors under the age of IA years),
Fred l.. Huston, as administrator of the es-
tate of ID. 0. 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, ana the Unknown
owners OF the VIZ of the SEA and the SEA
| of the SEA of Sec. s. Township3 North Range
IS, Bingham County. Idaho, and the SWl4 of
Sec. 25 and the SEA of Sec. 2G. all in Town
ship4, nor 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 obtain judg-
| ment and decree of this Court that the plain
| lift be adjndged and decreed to be the owner
| in fee of all the real property described in
| ! al
said property be quoted as to each of said
| defendants that 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 aud
just.
II is alleged in the complaint az 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 bis 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 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
O. a, al
| Office of the County Recorder in and for FIRE.
mont County. Idaho. on the 4th day of Nav,
1897, in Book ''F'' 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 certain qultclaim 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 IT" of Deeds, and on
page 1906 thereof, and which deed was on the
18th 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 $50
thereof. and also another certain quiz claim
deed from said Spalding. pertaining to con
vey said real property to said defendant Me-
nay. which duly recorded in the Office of the
County Recorder of Bingham County. Idaho
.s,,, r,en na md !.
were in effect intended to operate as mort.
cages and that the debt Intended To be secured
thereby is void. aud that both said instrll-
ments are void and completely barred by the
Statute of Limitations. and decree is prayed
for asking that said deeds he 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 Q?O, 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
(, convey to said Harris the west half of the
Southeast quarter and the Southeast quarter
OF the S0utheaStq quarter OF said Section y. and
decree is prayed forthat the subscription in said
deed be corrected to conform to the Intentions
of the parties.
And decree is further asked that all of said
mortgages he satisfied of record. both in
Bingham and Fremont Counties. in the State
of Idaho, and that ali the defendants be for
ever estopped aud enjoined 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
plant as above required. the said plaintiff
will apply to the Court for the relief demand
ed in the plaintiffs complaint on file in this
action.
Witness my hand and the seal of the Dis
trlct Court of the Sixth judicial District of
the State of Idaho, in and for the County of