Montana labor news., 1939-02-23

within twenty days after the service of
TINS summons, exclusive of the day of
appear or answer, judgment will be taken
against you by default for the relief de-
manded in the complaint.
The plaintiff complains of the defend
That the plaintiff, Alice M. Lally,
was by an order of the judge of the above
named District Court duly given and
made, on the 18th day of November, 1897,
adjudged insane and was Committed to
the State Hospital for Insane at Warm
Springs, Montana, until duly and regularly
discharged, and that she has ever since
been confined in said State Hospital.
2-That thereafter on the It'll day of
December, 1887, letters of guardianship Of
the person and estate of said Alice M.
Lally, incompetent, were duly issued out
and under the seal of this court to Mrs.
Ernest David, as guardian of the person
and estate of said Alice NJ. Lally, incom-
petent, did on the 7th day of November,
1898, after rendering her first and tina
account of her administration of said
estate and guardianship of Alice M. Lally,
incompetent, which said account was duly
settled, allowed and approved by the
court to be discharged from any further
obligations of said estate, which said
resignation was by the cour accepted.
3.-That thereafter the said Mary Walsh,
was by an order of said District Court Of
the Second Judicial District of the State
Of Montana, in and for the County of
Silver Bow, duly given and made appoint
ed. guardian OF the person and estate of
Alice M. Lally, incompetent, on the 10th
day of November, 1888, and did qualify
as such guardian of the person and estate
Of said Alice M. Lally, incompetent, on
the 18th day of November, 1888, and ever
since said date has been and now is the
duly appointed, qualified and acting
guardian of the person and estate of Alice
M. Laly, incompetent, which letters are
now in full force and effect.
4.-That the plaintiff, Alice M. Lally, is
now n ever since the goth day Of De-
cember, 1928, has been the owner in fee
simple and in the possession OF the real
Montana, particularly described, to-wit;
All that portion OF the surface ground
Of the Plymouth Lode, Mining Claim
patent and designed by the United States
official Survey therefor as Lot No. 173.
Township No. 3, North Range 8 West,
which is included with the boundaries
upon the surface Lot No. p, in Block No.
4, of the Plymouth Addition to the City
of Butte, County of Silver Bow, according
to the official plat and survey now on file
in the office OF the County Clerk and
Recorder of Silver Bow County. Montana.
5.-That after the appointment of Mrs.
Ernest David as guardian of the person
and estate of Alice M. Lally, incompetent,
and on the 9th day of December, 1887,
the said defendant, Catherine Stokes, IN
company with the said Mrs. Ernest David
800. WEH 1N1N 1EEf 49,
fled II acting guardian of the person and
estate of Alice M. Lally, went to the home
and residence Of said Alice M. Lally, in
competent, and made a search Of all the
personal belongings of the said Alice M.
Lally, incompetent, and found therein a n
instrument purportlng to be a deed of
conveyance amongst her personal effects
Gated December IL, 1888, which said deed
was from Alice M. Lally as grantor to
one Samuel Stokes Blair, Jr, which a
copy Of said deed is hereto attached,
this complaint, reference is hereby made
to the original complaint.
6.-That on the 9th day of December,
1887, the said Catherine Stokes, who had
possession of said deed, caused the same
to be recorded in the office Of the County
Clerk and Recorder of Silver Bow County,
Montana, the County wherein said real
estate is situated, under the protest and
against the will of Mrs. Ernest David,
guardian as aforesaid.
THAT at no time before she was de-
clared insane did the said Alice M. Laly,
incompetent, give the possession OF said
deed to anybody or deliver the same to
the defendant, Samuel Stokes Blair, Jr,
or to anybody for him, but that said deed
was at all times in the possession Of said
Alice NJ. Lally until the 9th day of De-
cember. 1887, when said defendant, Cath
crime Stokes, obtained the same from the
personal effects of Alice M. Lally, in
competent; that said deed thus obtained
and recorded constitutes a cloud upon
plaintiffs title to the above described real
property, and the same is now in the
possession of the defendants herein.
8.-That the said defendants claim an
estate or interest in said real property
adverse to the plaintiff, but that said
claim or interest is without right.
9.-That the real property h~ereinbefore
described now stands in the name Of
Samuel Stokes Blair, Jr., on the records
of the Clerk and Recorder of Silver Bow
County, Montana.
WHEREFORE, plaintiff prays judgment,
that the defendants be required to set
forth the nature of their claim or claims
and that all adverse claims of the de-
PENDANTS may be determined by a decree
of this court.
2.-That by said decree it be declared
and adjudged, that the defendants have
no estate or interest whatever in or to
said land and premises, and that the title
of plaintiff thereto is good and valid.
3-That the defendants be forever en-
joined and debarred from asserting any
claim whatever in or to said liant and
premises adverse to the plaintiff and from
transferring or conveying the same or any
interest therein.
4,-That said deed be cancelled and ex-
plunged of record, and that the r~ecordation
thereof be held for naught.
5-That the defendants be by a decree
of this court ordered and directed to sur
render possession of said deed to this
and for such other and further relief as
the court may deem just and equitable.
WITNESS my hand and the seal Of said
Court this 18th day of February, A. d.
1889.
ELMER SHEA, Clerk.
BY j. 7. SHEEHAN, Deputy Clerk.
Court Seal)
7. F. O'CONNELL,
Attorney for Plaintiff.
First publication February l6. 1939@T.