The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1920-12-09

June /, 1898, plaintiff conveyed to
Patrick Flynn a one-fOurth interest in
said claims and to Charles Flynn a
one fourth interest in said claims,
which latter deed was on June 3, 1898,
recorded in Book y of Deeds, page q,
Records of Shoshone County, Idaho;
I that because of said mutual error and
mistake on the part of plaintiff and
Charles Flynn. there was vested of
record an undivided three -eighths in
terest in said claims in Charles Flynn
and only an undivided e-eighth in
terest in plaintiff; that Charles Flynn,
prior to his death. Invested himself by
deed of said one-fOurth interest own
ed by him in his own right, which
left an undivided One-eighth interest
vested in him of record until and at
the time of his death; that in order
to make said deed of June 1. 1898,
from plaintiff to Charles Flynn con-
veying an undivided one fourth in
terest in said claims conform to the
actual intention of the parties, it is
necessary that the interest conveyed
should be amended so as to convey
only an undivided one eighth interest
in said claims that plaintiff did not
discover said mistake until April 90
1920. and until said time always be-
lieved that he was the record owner
of said One-eighth interest in said
claims and at all times dealt with
same as his own property and paid all
taxes assessed thereon. all of which
will more fully appear by the verified
complaint on file in said action, to
which reference is hereby made. and
plaintiff prays that the court declare
in his favor a trust in said One-eighth
interest in each of said claims so err
rOneously conveyed to Charles Flynn
and standing in his name of record
and that said interest be adjudged and
declared unto plaintiff and that (a)
said defendants be ordered and re-
Quired to execute and deliver to plain
tiff a deed of said interest and in case
of their failure so to do within a reas-
enable time to be fixed by the court
the title to said interest pass by said
judgment from said defendants to and
vest in plaintiff as fully as if properly
conveyed in said deed, or (b) the deed
of conveyance executed by plaintiff to
Charles Flynn on June 1, 1898, and
recorded on June 3, 1898, in Book II
of Deeds, page 81. Records of ShO-
shOne County Idaho, be reformed and
corrected according to the real in
tent of the parties so that the amount
of the interest of plaintiff therein con-
veyed to each of said claims shall
read an undivided one eighth interest
in lieu of an undivided one-fourth in
terest; that plaintiffs title in and to
said one-eighth interest in each of
said claims be quieted and confirmed
in plaintiff and that defendants be
forever enjOined and debarred from
asserting any claim whatsoever in or |
to said interest in each of said claims |
adverse to plaintiff; that all defend
ants be enjOined and restrained from |
alternating or in any way |
encumbering the title to said one |
eighth interest in each of said claims; |
that plaintiff have such other relief as
to the court shall seem meet and !
agreeable in equity and for his costs
Of suit
And you are hereby directed to ap-
pear and answer the said complaint |
within twenty days of the service of
this summons if served within said
judicial district and within forty DAYS
{ served elsewhere; and you are fur
her notified that unless you so ap-
)ear and answer said complaint with
N the time herein specified. the
plaintiff will take Judgment against
1ou as prayed, in said cOmnlaint
Witness nv hand and the seal Of
iaid District Court this 18th day Of
october A y 1920
HARRY A. ROGERS
SeaD Clerk
BY L. 7. BR AWARD
Deputy Clerk
'herroft Towles
Attorney for Plaintiff
"esidenoe and p O. Addrese
Wallace Idaho D9-J1S-6t