Montana labor news., 1939-08-24

Il 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,BR1EN. THOMAS oBR1EN,
JAMES F. O'BRIEN, CHARLES O'BRIEN,
ANNA O'BRIEN, WINNIFRED HAIR
RINGTON, ACHES PATTERSON, and
all other persons unknown claiming or
VINO might claim, n 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 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
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 Tp. 8 N. Of r. 8 W., bears
North 30 30' east, los feet, more or less,
distant; running thence South 30 30' West,
AZ feet; thence South 800 East. 1877 feet;
thence North % as East 30 feet, thence
North 78o IL West, ITS feet more or less
to the place of beginning, the above de-
seribed property being known as the
plat and survey thereof on file in the
office Of the County Clerk and Recorder
of Silver Bow County, excepting and re-
serving all mineral n 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-
fered with and in nowise damaged.
hi nature of the relief sought by plain
tiff is as follows.
Plaintiff alleges that he is the owner of
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; 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 one 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 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 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, 3aS9.=T.