Montana labor news., 1938-05-05

ALAAn DAAANAONa
In the District Court of the Second Ju-
dicial District of the State of Montana,
In and for the County of Silver Bow.
LOUIS R. BRITT. Plaintiff,
CoTTER BUTTE MINES, NCoRPoRAT-
ED, a corporation, HARRY c. COTTER
and MABEL COTTER WILLIAMSON,
The State of Montana Sends Greetings
to the Above Named Defendant:
You are hereby summoned to answer
the complaint in this action, which is filed
in the office of the Clerk of this Court, a
COPY of which is herewith served upon
you, and to file your answer and serve a
copy thereof upon the plaintiffs attorney
within twenty days after the service of
this summons, exclusive Of the day of
service; and in case of your failure to
appear or answer, judgment will be taken
against you by default for the relief de-
manded in the complaint, short statement
Cotter Butte Mines, Incorporated, is a
corporation of Delaware and has been
such for 5 years continuously. Harry. c..
Cotter and Mabel Cotter Williamson are
brother and sister of each other and for
3 years last past Mabel Cotter Williamson
has been by Harry G. Cotter employed as
a fence for assets of said corporation and
ton has been put in her name to conceal
the same from process of law by creditors
of the corporation and of Harry C.. Cotter
and from process of law by plaintiff. That
Harry c. Cotter and Mabel Cotter William
son continuously conspired together to
hinder and delay creditors of said corpora
ton from collecting their Just debts
against it and to defeat the claims n
debts of plaintiff. That on January z,
1888, the above district court duly gave
JUDGMENT in favor of Louis r. Britt and
against Cotter Butte Mines, incorporated,
for S4,76l.l5 n for costs of suit, S5ll.25;
no part of said judgment has been paid
Ii plaintiff is owner thereof. That 81 800
was due and payable on May Z 1886, to
-s-4a HtAaf - rnfI do aA41 LIANawI
ant corporation was the wner of the fol-
owing lode claims in Jefferson and Silver
Bow Counties, Montana, to-Wit: Banker,
MARGARET Paying Teller Helen Gold
stead, Gold Leaf, Gold Bar, Liberty, Vic
tory, Cashier, Stars and Stripes, Dough
Boy, Gold Web, Gold Luck, Cascade, Du-
buque, Malone. On May Z, 1886, said de-
the collection of plaintiffs claim and
Harry c.. Cotter as president of said cor
p~oration executed to Harry c. Cotter a
pretended mortgage for Sl36,477.66 and to
Mabel Cotter Williamson a pretended
mortgage for S40,1 1852, pretending by said
documents to mortgage said lands. Such
documents are recorded in Jefferson and
Silver Bow Counties, Montana. That the
purpose was to cheat plaintiff. That Cot
ter had no authority to execute either of
said mortgages. That there is no other
property to satisfy plaintiffs judgment.
Said corporation was not indebted to Cot
ter III the sum of Sl36,477. sc on the day
the mortgage was executed or at all but
that Cotter was indebted and is now in
debted to said corporation. Said corpora
ton was not indebted TO Mabel Cotter
williamson in the sum of $40 1852 or at all:
she was indebted to said corporation in a
sum of $4,000. That the consideration for
both mortgages was inadequate. That
neither of said mortgages was so acknoWl-
edged to be entitled to be recorded. No
notice of such mortgages was given to
stockholders of said corporation before
their execution. That the record of such
mortgages prevents the sheriffs of Silver
Bow and Jefferson Counties from levying
execution. That plaintiffs judgment is
prior in right and superior to any en-
cumbrance claimed by Harry c.. Cotter or
Mabel Cotter Williamson. That plaintiff
is entitled to a reasonable attorney fee of
$4,000 against Harry c. Cotter and Mabel
Cotter williamson for services of attorneys
in procuring cancellation of said mort
cages. Plaintiff prays for judgment that
each and both of said mortgages be de-
clared void n subject to and subsequent
to plaintiffs judgment, That record of
both mortgages in Silver Bow and Jeffer-
son Counties, Montana, be declared void.
That plaintiff recover his costs.
WITNESS my hand and the seal of said
Court this 18th day of April, A.. d. 1888.
ELMER SHEA, Clerk.
By R. p. DONOVAN, Deputy Clerk.
H.. l.. MAURY & A. G. SHONE,
Attorneys for Plaintiff.
First publication April IA, 1938.zT.