Baxter Springs news., 1919-02-28

m THE . DISTRICT COURT OF
CHEROKEE COUNTY, KANSAS,
SITTING AT GALENA.

vB.
Stratfod- Duncan Mining Company,
corporation, H. N. Harris, H. Z.
LinHas, and the Cunningham
Wells OIL Company, Defendants
]. w. Barnes, Intervening Petitioner.
Publication Notice
THE STATE OF KANSAS TO THE
ABOVE NAMED DEFENDANTS,
STRATFORD-DUNCAN MINING
COMPANY, A CORPORATION, H.
N. HARRIS, AND H. E. LINDAS,
GREETING:
You and each Of you will hereby
take notice that you have been sued
in the above named court in the case
above entitled by the plaintiff, ]. O..
Goodwin, and by ]. w. Barnes, In
tervening Petitioner. That the petit
tions Of said plaintiff and said inter
vening petitioner are on file in the Of
fee Of the Clerk Of said court at Ga
lena, Kansas, and that you must an
swer the same on or before the 28th
day of March, 1919, or the allegations
therein contained will be taken as true
and Judgment rendered against you
Of the following nature, to-wit:
Plaintiff will be awarded o personal
Judgment against the Stratford-D Dun
can Mining Company and H. N. Har-
ris for the sum of $1250.00 with inter-
est at eight per cent per annum from
the first day Of May, 1918, and said
J. w. Barnes will be awarded a per-
sonal Judgment against the defend
ants, H. N. Harris and the Stratford-
Duncan Mining Company for S1O3O.OO
with interest at eight per cent per
annum from July 10, 1918, and Q fur
ther decree will be rendered foreclos.
ing that certain mortgage by the said
Stratford- Duncan Mining Company
executed, acknowledged and delivered
to H, N. Harris on the second day of
MAY, 1918, to secure the payment Of
tyenty-eight pFomissory notes dated
MAY first, 1918, for $1250.00 zach,
and covering the following described
personal property, to-wit:
A certain mining lease covering lot
/, section IS, township 35, range "a,
in Cherokee County, Kansas, bear
ing q royalty of fifteen per cent up
on lead and zinc ores, and the fol-
lowing personal property situated
thereonI two boilers, two feed
pumps, one steam engine (l26 H:
P.) one holster, one engine and
blower and two pumps, together
with derrick, head house fittings,
and all personal property and fix
lures at said time situated thereon
and mill machinery and fixtures
thereafter placed on said premises
by said 9trRtford-D Duncan Mining
Company, -,
and declaring the same a first and
superior lien upon the said property
and ordering the same sold for the
purpose Of paying the judgments IN
favor of said plaintiff and said inter,
vening petitioner, and decreeing all
other pretended rights, titles, and in
terests Of the said parties subject and
inferior to the rights, liens, and in
terests of said plaintiff, and said In
tevening petitioner.
That out of the proceeds derived
from the sale Of said property, all
costs, expenses, and receivers feeA
will be first paid; then the claims OF
said plaintiff and said intervening pc
titioner will be paid, and the amount
remaining, if any, will be held sub
iect to the judgment, order, and de-
cree of said court and the plaintiff
and intervening petitioner will be
awarded such other, further, and diff
ferent relief as to the court may ap-
naar i,,st and eouitable.
j. o. GOODWIN, Plaintiff,
and
]. w. Barnes, Intervening Petitioner
by
E. B. Morgan, Their Attorney
Attest: Fred Simkin, District Clerk
(Seal) BY Bertha Moss, Deputy
q y q.