The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-10-19

muffer TO the complaint Oh Agnes LOT
eta Day. widow of the late Eugene r
Day, upon which the court had issued
a citation for defendants to appear and
testify regarding the disposition of GER
tain property alleged to belong to the es-
tate of e. X. Day, deceased, but which
was not included in the inventory filed
by the executors of the estate in the
probate court. The property specified
as being omitted was a one sixteenth
interest in the Hecules mine. valued at
$780, 900, and the Osburn ranch, valued
at $4,000. The demurrer filed by Mr..
Beale is quite lengthy and enumerates
numerous grounds of objection to the
complaint and Judge Sherrard desig-
mated October 27 at 10 a. m. as the date
for argument.
Grounds of Demurrer.
Among the numerous objections it is
alleged that the complaint does not
state facts sufficient for a cause of
action; that the facts stated are not
sufficient to justify the court to issue
the citation or to grant the relief
asked; that the facts stated are not
sufficient to show that Agnes Loretta
Day is a person interested in the es-
tate of Eugene Rufus Day or that she
is entitled to any relief
THAT said complaint is uncertain in
this, that it does not appear therein
or therefrom: (a) What is meant by
the words lawful wife referred to in
paragraph of said complaint; 90
i I Al. -,
constitute her the lawful wife of Eu-
gene Rufus Day, mentioned in said
complaint; (c) whether said Agnes
Loretta Day lived with said Eugene
Rufus Day as his wife, or how long she
lived with him as his WIFE or where,
or under what circumstances she lived
with him as his wife; cd how, or when
or where, or in what manner, or under
what circumstances said Agnes Lor-
eta Day performed any act or dis
charged any obligation or mutual re-
spect, fidelity or support toward said
Eugene Rufus Day; (e) how or when,
or where, or under what circumstances
the entire estate left by said Eugene
Rufus Day, referred to in said com
plant, or any part thereof, was ac-
quired by said Eugene Rufus Day and
said Agnes Loretta Day; or how, or
when, or in what manner, or under
what circumstances, said estate, or any
part of it, became or was, or is COM
munity property; or what said estate,
or any part of it. belongs to said Agnes
Loretta Day in her sole right, or in any
right, or at all; CO what said Agnes
Loretta Day did to constitute any COM
munity between her and said Eugene
Rufus Day"
Conspiracy Charge.
1t is further alleged that the COM
plant is deficient in not stating what
the conspiracy was between e. R. Day, |
deceased, John H. Wourms. Harry L.
Day and Jerome J. Day; when John H.
Wourms secured possession of the cor |
porate stock mentioned in complaint; !
how Agnes Loretta Day demanded of |
said Wourms that he account to said |
estate for all of the assets in his pos !
session; how Agnes Loretta Day de-
manded of the executors to recover /
said assets from the said Wourms; /
what the Hercules mine, a mining |
lode" is and how p. J. Maggy and |
A. P. Ramstedt could have knowledge /
of deeds. conveyances, ETC., contain
ing evidence of the right of 2. r. Day
to the same; how title to One-sixteentn /
interest in the Hercules was conveyed |
to Eleanor Day Boyce, how it was ac-
quired by E. R. Day and Agnes Lor-
eta Day, how it was paid for. and
how said interest became community
property; how Harry L. and Jerome
Day connived with Eleanor Day Boyce
to deprive the community estate of
said interest; what information A. P.
Ramstedt has as to the matters al
legged in the said complaint
Barred by the Statutes.
1t is further alleged in the demurrer
that the cause of action in said COM
plant relative to one-sixteenth inter-
est in the Hercules is barred by the
provision of the statute of Idaho, as is
also the right or claim of the plaintiff
to said interest, and also the claim of
the executors and of the deceased to
said interest
Waited Too Long.
In conclusion the demurrer says: 1T
appearing in said complaint that said
Agnes Loretta Day was advised of the
purchase of said one-sixteenth interest
in the Hercules mine. a mining lode,
mentioned in said complaint as early
as 1912, and that the deed to said one
sixteenth interest to Eleanor Day