Montana labor news., 1939-08-31

ALIAS SUMMONS
In The District Court of the Second Ju-
dicial District of the State of Montana.
In and for the County of Silver Bow.
WALTER MALONE, Plaintiff,
JAMES o'BRIEN, THOMAS oBR1EN,
JAMES f. O'BRIEN, CHARLES O'BRIEN,
ANNA O'BRIEN, WINNIFRED HAIR
RINGTON, AGNES PATTERSON, and
all other persons unknown claiming or
VINO might claim, any right, title, estate
or interest in or lien or CIRCUMFERENCE
upon the real property described in the
complaint, or any thereof adverse to
plaintiffs ownership or II cloud upon
plaintiffs title thereto, whether such
claim or possible claim be present or
contingent including any claim or pos
sible claim of dover, inchoate or ac-
crued, Defendants.
The State of Montana Sends Greetings
to the Above Named Defendants:
You are hereby summoned to answer
the complaint in this action, which is filed
in the office of the Clerk Of this Court, a
cop 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 viii be taken
against you by default for the relief de-
handed in the complaint.
This action involves the title to the
following described lands.
Beginning at the Northwest corner of
Lot No. 2 of the New Era Lode Claim,
Lot No. 223, in TIP. 3 N. of r. 8 W., bears
distant; running thence South 30 80 West,
AZ feet; thence South go East, 1877 feet;
hence North o. AS East 80 feet, thence
North 78o IL West, IT'S feet more or less
to the place of beginning, he above de-
scribed property being known as the
Skip Lode" according to the official
plat and survey thereof IN file in the
office of the County Clerk and Recorder
of Silver Bow County, excepting and re-
serving all mineral and ores beneath the
surface of the above described premises
and the right to mine therefore providing
that in the exercise Of such mining right,
the surface of the said above described
premises shall not be disturbed or inter-
Tered with and in nowise damaged.
The nature of the relief sought by plain
tiff is as follows.
and in possession of the above described
property; that the defendants above named
claim an estate, title, or interest in the
above property described herein and as
described in the complaint, and/or liens
or -encumbrances thereon adverse to the
plaintiff. hat the remaining defendants
unknown claim some right, title or interest
or lien or encumbrance thereon adverse
to plaintiff; that the claims Of the de-
PENDANTS are without any right whatever
and lone of them have any estate, right,
title or interest whatever in the premises
described in the complaint.
Plaintiff prays that the defendants be
required to set forth the nature of their
claims and that all adverse claims be de-
termined by decree of court and that IT
be declared and adjudged that the said
defendants have no estate, or interest in
the land and premises, described in plain
tiff's complaint and that the plaintiff
title is good and valid and that the de-
PENDANTS be forever enjoined and de-
barred from asserting any claim to SAID
lane and premises.
WITNESS my hand and the seal Of said
Court this 10th day of August, A. d. 1899
Court Seal)
ELMER SHEA, Clerk.
BY d. f. HOLLAND, Deputy Clerk
FRANK x. YBARRA,
Attorney for Plaintiff,
County Attorneys Office,
Courthouse. Butte, Montana.
First publication August II, 1939.-T.