The silver messenger., 1909-06-29

ASOOorC MOrFloOu, oneriH,
John q. Morrison, Tevis N.
Crafts, Daniel M. Steen, Fred
N. Steen, Addie Steeu and
Jeanette Fletcher, ,Defendants
The People of the State Of Idaho send,
Greeting TO the above named Defen
dAnts:
You are hereby required to appear IL
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 Custer
county, to answer the complaint filed
therein, within twenty days,(exclusive
of the day Of service) after the service
on you of this summons, IL served with.
in this Sixth Judicial District, or with
in forty days IL served elsewhere. This
action Is brought TO recover from the
defendant, John g. Morrison, the sum
of 1919. 55. together with costs and in
terest at the rate Of z per cent per an
mum from the 2lst day Of June, 1900,
and that said judgment be declared q
lien against the following described
mining claims The George Washing
ton, Paradise, Fair Play, Passover,
Charles Vein, Snow Bird, Connosure,
Pioneer, Eldorado, lode mining claims
and the Morrison Placer Mining claim,
situate in Yankee Fork Mining Dist
rict, Custer county, Idaho, and all be-
ing particularly described in the notice
Of locations which are of record in the
Custer county Recorders office at Chal-
lis, Idaho.
Plaintiff alleges That he obtained
. Judgment against defendant, John
q. Morrison, on June 2lst, 1900, for
S079. 55; that said defendant in order
to defraud plaintiff out OF said judg-
ment and avoid paying 1t, entered into
a fraudulent agreement with one James
A Steen whereby he gave said Steen a
deed to said property, and said Steen
IN payment for the same executed aud
delivered to said John q. Morrison =
fraudlent mortgage on said property
and paid nothing for said property.
That sald Morrison Immediately there
after absconded from the State In the
night time and has not since returned
to this State. That said James A.
Steen since perforuinR said fraudulent
act died and his legal heirs are the de-
fendants, Daniel M. Steen. Fred N.
Stcen, Addie Steen and Jeanette
Fletcher, to whom said frauden tip pro-
cured deed passed. That said John q.
Morrison being In hiding without the
State could not bring IN action to fore
close said fraudulent mortRoge and
therefore entered into another fraud
lent agreement with the defendant,
Tevis N. Crafts, who took an assign
ment Of said mortgage and fraudlently
agreed to foreclose the same Ia his own
name, although he paid no considera-
ton for said mortgage, and brought
an action In this Court for the fore
closure thereof and secured q Judgment
of foreclosure on the 5th day of April,
100:, directing the sale of said property
and that said property was sold to said
Tevis N. Crafts, who bought in the
same for said Morrison At the sale by
the sheriff OF this county on the Goth
day Of August, 1907.
Plaintiff asked that the sheriff be
from giving decd to said
perpetually, that the said de-
cree OF foreclosure be set aside; that
ahe transfer Of said property from John
u. Morrison to James A. Steen and
said mortgage be declared void and
none of the defendants have any right,
title, interest or lien on said property,
and for further relief - may seem
just and agreeable to equity.
And you arc hereby notified that un-
less you appear and answer the said
~ above required, plaintiff
will apply TO the Court for the relief
demanded in the complaint.
Given under my hand and the Seal OF
{SEAL.] OF said Court this Goth day
March, A. n. 1909.
G. n. HEN DERSON, Clerk.
w. w. ADAMsoN, Attorney for Plaintiff.
Residence and p. o. Address Chal-
lie, Idaho. W.T.