Montana labor news., 1939-09-07


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 sco'BRIEN, THOMAS oBR1EN.
JAMES +. O'BRIEN, CHARLES O'BRIEN,
ANNA O'BRlEN, WINNlFRED HAIR
RINGTON, AGNES PATTERSON, and
who might claim, any right title, estate
or interest in or lien or encumbrance
upon the real property described in the
complaint, or any thereof adverse TO
plaintiffs ownership or any 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
copy of which is herewith served upon
you, and to file your answer and serve
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
manded 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. N. of r. 8 W., bears
North 21o 30' east 40.5 feet more or less
AZ feet; thence south go East 1877 feet;
thence North % as East 30 feet, thence
North 78a IL West. IT'S feet more or less
to the place Of beginning, the above de-
scribed property being known as the
Skip Lode" according to the official
plat and survey thereof on file in the
office of the County Clerk and Recorder
of Silver Bow County, excepting and re-
oil nd
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
described in the complaint, and/or liens
or encumbrances thereon adverse to the
plaintiff, that 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 none 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 il
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 plaintiffs
title Is good and valid and that the de-
PENDANTS be forever enjoined and de-
barred from asserting any claim to said
land and premises.
WITNESS my hand and the seal Of said
Court this 10th day of August, A. D. 1889
court SeaD
ELMER SHEA, Clerk.
BY D. +. HOLLAND, Deputy Clerk
FRANK X. YBARRA
Attorney for Plaintiff,
County Attorneys Office,
Courthouse, Butte, Montana.
First publication August II, l939,-4r