Cañon City record., 1910-05-26
STATE OF COLORADO,
County of Fremont aa

STATE OF COLORADO,
County of Fremont, ss.
In the District Court.
Mrs. Kate Abbott Biddall,
Plaintiff.
William Cole. George w. Cole,
Peter Cole. William F. Reddick and
Sidney W. Reddick,
Defendants.
Summons.
The people OF the State OF Colorado.
To the Defendants above named.
Greeting.
You are hereby required to ap-
pear in an action brought against
you by the above named plaintiff, in
the District Court of Fremont Coun-
ty, State of Colorado, and answer the
complaint therein within twenty days
after the service hereof, il you are
served within this county; If served
out OF this county. or by publication,
within thirty days after service here
of. exclusive of the day of service, or
Judgment by default will be taken
against you according to the prayer
OF the complaint
If copy of the complaint be not
served upon you herewith, OF is SER
vice hereof be made out of the
State of Colorado. ten days additional
time to that above specified shall be
allowed for your appearance and an
swer in said action.
This is an action brought for the
partition and division of an undivi-
ded one half th) interest in and to
lot numbered one ~, in block num-
bered five (5) in Park Center Sub
division near Canon City. in the
County of Fremont and State of Colo
rado, according to the recorded plat
of said subdivision. excepting and re-
serving right-of-way across said
land for bitches to carry water for
irrigating lands lying below above
described tract. said real estate be-
ing seized in fee simple and in pos
session OF Mrs. Mary Cole at the time
OF her death. and who died on or
about the 18th day or July A. d.
1904, intestate; and II 1t shall be
found that division ana partition Of
the same cannot be made without
manifest prejudice to the proprietors
OF the same, then In. that case that
sale of said premises may be ordered
and decreed to be sold subject to a
certain mortgage OF three hundred
dollars t$300.00). covering a portion
thereof. to one Charles r. McLain.
and the proceeds arising from such
sale be divided according to the re-
spective rights OF the parties therein.
and according to the statute In such
case made and provided; that the
proceeds OF such sale shall be ap-
piled first to the repayment to the
said plaintiff of the said sum OF
fifty (s50.00) dollars advanced by the
said plaintiff in payment of part of
the purchase price of said lands, and
the following sums paid as taxes up
on said lands by said plaintiff.
namely: One dollar and sixteen
cents (s1.16) paid on the End day of
February, A. ID. 1905. the sum of One
dollar and sixteen cents (s1.16)
paid on the 31st day of May A. D..
1905. the sum of two dollars and
twenty-five cents ($2.25) paid on the
3lst day OF July, A. ID. 1906, the sum
of four dollars and sixty-two cents
(s4.62) paid on the 31st day OF Au-
gust, A. ID. 1907. the sum of four dol
lars and seventy nine cents ($4.79
paid on the 21st day of July. A. ID.
1903. and the sum of five dollars and
forty-four cents ($5.4D paid on the
31st day of August. A. ID. 1903, to-
gether with interest thereon from the
date of said several payments, and
to the payment of costs of this ac-
ton, including reasonable at
torneys fee, and the balance dis-
tributed among the owners of said
property as their rights and interest
may appear. as provided by law, and
for such other and further relief as
to the Court may seem proper. the
premises considered. ..s
a Witness. Geo. p. Nix, Clerk of our
said Court, with the seal thereof
hereunto affixed. at office. in the
City of Canon City this 29th day OF
March 1910.
! (Seal) GEO. p. NIX, IF
Clerk.
First pub. May 26. 1910.