The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1920-12-16
SUMMONS.


Flynn. Thomas FLYNN. Ellen Flynr
McGarrN Margaret Flynn Neads
and tine Unknown Heirs OF Charles
Flynn. Deceased. Defendants.
The state of Idaho sends greetings &c
Terrence Flynn. William Flynn
James Flynn, Thomas Flynn. ELLEN
Flynn McGarry, Margaret Flynn
Neads. and the Unknown Heirs OF
Charles Flynn, Deceased the above
named Defendants.
You are hereby notified that a COM
plant has been filed against YOU in
/ the District Court of the First Judi
cial District of the State of Idaho, in
and for the County OF Shoshone, by
the above named plaintiff, wherein
plainud alleges the death of Charles
tiynn on August 20 1901. at Dillon.
Mont; that defendants Terrence
Flynn. William Flynn James Flynn
Thomas Flynn, Ellen Flynn McGarry
and Margaret Flynn Noads. are sued
as the sole known living heirs at law
of said deceased and that the other
defendants are the unknown heirs of
said deceased, if any, whose names
are to plaintiff unknown; that on
March IL, 1887, plaintiff and Charles
T. lynn did for themselves and for Tim
othy Mccarthy and Patrick Flynn To-
cate the Mountain View and Iron Sill
yer lode mining claims, situate in La
lande Mining District, Shoshone coun-
ty Idaho, afterwards designated as
Lot Nos 97S and ga. the said plain
uif Timothy Mccarthy Charles and
Patrick Flynn each having an undi-
vidod one-fourth interest therein;
that on July 23 1890. said Charles
Flynn and plaintiff conveyed to said
Timothy Mccarthy an undivided one
fourth interest i'm each of said claims:
that on March 2S. 1895. Charles Flynn
veyed to plaintiff an undivided one
fourth interest i'm said claims leaving
i'm said Charles Flynn One-eighth in
terest, which ne was holding in trust
for Patrick Flynn; that on June l. |
1888, through a mutual mistake on the /
part of Charles Flynn and plaintiff /
each and both of them labOred and |
We're under the erroneous impression |
and belief that the whole of the rec |
ord title. excepting the one fourth in /
terest jointly conveyed by them to /
Mccarthy was vested i'm 1
plaintiff and that Charles Flynn had /
on March 2S 1895 conveyed all of his /
interest i'm said claims to plaintiff. |
whereas i'm fact there still remained /
Of record in said Charles Flynn said
1nc- eighth interest held in trust for |
Patrick Flynn and because Of said |
mutual mistake and error, and for the
purpose of Strengthening out the title
10 said claims and vesting Of record i'm
ZACH of said Charles and Patrick
+ lynn and plaintiff one fourth in
-erest i'm said claims, and at the re-
luest of Charles Flynn. and on said
June /, 1898 plaintiff conveyed to
Patrick Flynn a One-fourth interest in
said claims and to Charles Flynn a
)ne-fourth interest in said claims
which latter deed was on June 3. 1898.
accorded i'm Book II of Deeds. page 81. l.
nf 10
hat because of said mutual error and
mistake on the part of plaintiff and
harles Flynn. there was vested of
'ecOrd an undivided three eighths in
crest i'm said claims i'm Charles Flynn
md only an undivided One-eighth in
crest i'm plaintiff; that Charles Flynn,
lriOr to his death, Invested himself by
iced of said one-f fourth interest own 4.
d by him in his own right which
,ft an undivided one eighth interest
ested i'm him of record until and at \
he time of his death; that i'm order
D make said deed of June l. 1898,
rom plaintiff to Charles Flynn CON J
ewing an undivided one-fourth in q
'rest i'm said claims conform to the 7
atual intention Of the parties. it is
acessary that the interest conveyed
lOuld be amended so as to convey
My an undivided one eighth interest
said claims; that plaintiff did not p
scover said mistake until April 20. n
20, and until said time always be- ;
we'd that he was the record owner
said one eighth interest in said =
aims and at all times dealt with
me as his own property and paid all 49,
yes assessed thereon. all of which
u more fully appear by the verified 1
nplaint on file i'm said action, to
itch reference is hereby made, and
lntif prays that the court declare |
nfl fa in Of
crest i'm each OF said claims so err -
leCusly conveyed to Charles Flynn
q standing i'm his name Of record
o. that said interest be adjudged and -,
alared unto plaintiff and that (a) a.
ID defendants be ordered and re- %
ifed TO execute and deliver to plain
a deed Of said interest and in case !"
their failure so to do within a reas- re
able time to be fixed by the court IL
3 title to said interest pass by said
lgment from said defendants to and SIT
81 i'm plaintiff as fully as if properly m
lveyed i'm said deed, or CD the deed IN
conveyance executed by plaintiff to
aries Flynn on June /. 1898, and
Orded on June g. 1898, in Book 10
Deeds. page o. Records of Sho-
me County Idaho be reformed and
rected according to the real in J.
{ of the parties so that the amount
the interest Of plaintiff therein con-
'ed TO each or SAID claims shall y
q an undivided one-eighth interest
lieu of an undivided one fourth in o.
est; that plaintiffs title in and to ~
j One-eighth interest in each of
4 claims be quoted and confirmed ~
plaintiff and that defendants be
ever enjoined and debarred from
erting any claim whatsoever in or y
said interest i'm each of said claims
erse TO plaintiff; that all defend q
s be enjoned and restrained from
lsferring alternating or in any way
the title to said one
nth interest in each Of said claims:
{ plaintiff have such other relief as -
the court shall seem meet and
eeable i'm equity and for his costs
uit
nd You are hereby directed to ap-
r and answer the said complaint
hin twenty DAVIS Of the service of
summons if served within said -
cial district. and within forty DAYS NJ
arved elsewhere; and you are fur Ia
notified that unless you SO ap-
and answer said complaint with Fe
the time herein specified. the NJ
1tff will take Judgment against
as PRAYED i'm said complaint Al
illness my hand and the seal Of n,