The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1921-01-06

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 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 O
one-fourth interest in said claims,
which latter deed was on June 3, 1898,
recorded in Book II of Deeds, page p,
Records of Shoshone County, Idaho;
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 One-eighth in
I terest in plaintiff that Charles Flynn,
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 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
i'm said claims; that plaintiff did not
discover said mistake until April 20
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
inf IN nfa - aafH 1rtfnr fg
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 adiudged 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 % the deed
of conveyance executed by plaintiff to
Charles Flynn on June 1, 1898, and
recorded on June 3, 1898. in Book -
of Deeds, page 27, Records of ShO-
shOne County Idaho be reformed and
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
I'm lieu of an undivided one-f fourth in
forest: that plaintiffs title in and to
said one eighth interest i'm each of
said claims he quoted and confirmed
I'm plaintiff and that defendants be
forever enioined 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 enioined and restrained from
transferring. alternating or in any way
encumberng 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
If served elsewhere; and you are fur
Their notified that unless You so ap-
pear and answer said complaint with
IN the time herein specified. the
plaintiff will take Judgment against
YOU as prayed. in said complaint
Witness my hand and the seal Of
said District Court this 18th day OF
October A D. 1920
HARRY A. ROGERS,
(seaD Clerk
BY T.. 7. BRAINARD.
Deputy Clerk
Therrett Towles.
Attorney for Plaintiff,
Residence and p o. Address:
Wallace, Idaho. D9-J13-6t !