The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1920-12-30

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 in
each of said Charles and Patrick
Flynn and plaintiff a one-fourth in
terest in said claims, and at the re-
quest of Charles Flynn, and on said
June 1, 1898, plaintiff conveyed to
| Patrick Flynn a one-fourth interest in
said claims and to Charles Flynn a
lOne-fourth interest in said claims,
which latter deed was on June 3, 1898,
recorded in Book II Of Deeds, page 81,
Records of Shoshone County, Idaho:
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 One-eighth in
terest in plaintiff; that Charles Flynn
prior to his death, Invested himself by
deed of said ne-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 l. 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
viii 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 !
in said deed, or CD the deed /
Of conveyance executed by plaintiff to |
Charles Flynn on June !, 1898, and
on June g. 1898, in Book 10 /
Of Deeds, page q, Records of ShO- /
,
corrected according to the real in
tent of the parties so that the amount
If the interest of plaintiff therein con-
yeyed to each of said claims shall
cad an undivided one eighth interest
N lien of an undivided One-fourth in
crest that plaintiffs title in and to
said One-eighth interest in each of
said claims be quoted and confirmed
n plaintiff and that defendants be
'orever enioined and debarred from
asserting any claim whatsoever in or
o said interest in each of said claims
adverse to PLAINTIFF; that all defend
lnts be enjoined and restrained from /
alternating or i'm any way /
REMEMBERING the title to said one
Eighth interest in each of said claims;
hat plaintiff have such other relief as
o the court shall seem meet and /
agreeable in equity and for his costs
If suit
And you are hereby directed to ap-
Dear and answer the said complaint l.
within twenty days of the service of
his summons if served within said \
judicial district and within forty days
f served elsewhere; and you are fur
)ear and answer said complaint with
n the time herein specified the
plaintiff will take Judgment against Il
you as prayed, in said complaint
Witness my hand and the seal Of II
iaid District Court this 18th day OF
October. A. D. 1920
HARRY A. ROGERS
.seaD Clerk
BY 7. t. BRAINARD.
Deputy Clerk
rherrett Towles.
Attorney for Plaintiff
Residence and =. q. Address:
Wallace. Idaho. D9-J13-6t