Amador ledger., 1909-03-12
SUPERIOR COURT
PROCEEDINGS
noN z. V. woop. lrner

Case tried before the court without
jury, and to be submitted on briefs,
plaintiff to have five days to file
brief, and defendant 10 days to reply.
Mary Stark VS.. VIM. STARK, as ad-
ministrator. decree granted as pray
ed for in complaint.
George M. Waechter vs.. Mary
Waeohter -lu5erlooutoiy decree of
divorce granted plaintiff.
Asa " Mendenhall vs.. U. S. Gre
CORY, as tax collector. Demurrer
sustained, and petition for mandate
denied.
People vs.. Mary Ross. On motion
of district attorney, case is dismissed
on the ground OF insulliciency of
evidence.
Estate Of Isaac McCla1y. Admins
traitor finally discharged.
Estate of John 9. Mills. William
Going appointed administrator upon
filing bond of SIOO.
Estate of Thomas Guudry Irelease,
ct al. - Decree made settling second
account
Estate of Julia Wildman- Order
granted authorizing the expenditure
of certain sum for monument.
New Cases
Mary e. Bithell VS.. Peter Tierney
and wife-Suit to recover the sum of
S5l33. Ga. on promissory note, secured
by mortgage, given May 9, 1892 aud
due in five years after date, with in
terest at So per cent per annum. To
secure payment mortgage was ex-
ecuted on 240. 20 acres, being por-
tion of the Arroyo Seco Ranch, in
lone Valley. Judgment is asked for
the principal, s5l33. "a, and s2Os.UO
interest due on the 9th of May, 1908,
and interest on said unpaid interest
amounting to 5lG.26, and interest
on said principal 1927. "a, aggregating
S5474. IA with $500 attorney fees and
costs.
Mary E. Bithell VS.. Peter Tierney
and wlfe-Suit to eject defendants
from the tract of land involved in
the foregoing suit. 1t is alleged
that plaintiff was in possession of
said premises March A, 1909, and
was elected therefrom by defendants.
Judgment is asked for possession and
slUO damages, and 500 per month
rent, and for costs.
J.E. Bullard VS.. U. S. Gregory tax
collector. Suit in regard to the title
of the Eclipse quartz mine, and
| Eclipse Extension Quartz mine, ia
Amador mining district. Complaint
sets forth that plaintiff is the owner
OF the Last Chance quartz mine; thae
the property has been advertised by
the defendant, in connection with
the Eclipse and Eclipse Extension,
to be sold, for delinquent taxes of
1896, down to 1905 a total of S297424
1t is alleged that the assessment tor
seven years from 1896 to 1902, is
rIoneous and Insufficient; that the
Last Chance mine is illegally assess
ed, being an uDpatented mining
claim, and the title is vested in the
United States; that the assessment of
a certain mortgage held by one q. +.
Jacoby for $4,000 was at the time
and has ever since been a void instru-
ment, and did not cover the above
property; that the estimate of taxes
due against said property as set forth
in the notice of sale includes pro-
perty not authorized to be sold: viz.
lot 10 block ., of Amador City; that
it includes a tax on property exempt
from taxation and sale, namely the
Last Chance quartz mine, that it In
cludes amount of taxes cancelled by
the board of supervisors for the years
1898, 1899, 1900, 1901, and 1902; that
it includes taxes levied on said pro.
peIty since the alleged deed to the
state, namely for the years 1904 and
1908; that the assessment roll for 1896
does not show that any amount of the
mortgage tax was apportioned to each
separate lot of said property; that
the notice of sale is not in accordance
with the authorization of the con-
troller, inasmuch as the tax collector
says he will sell the property IN one
parcel, and the controller authorizes
him to sell in separate lots or parcels.
Plaintiff prays that the court deter
mine the amount of taxes justly due
against said property, and that the
amount thereof be paid into the trea-
SHY of Amador onnntv in fnIl nav