Montana labor news., 1939-02-16
LEGAL NOTICES


2A-ACL NAs LfALLA AN lANSONlI T. 4 Elm 4 .
oy ner GUARDIAN. MANY WALSH,
rIalntiIf,
vs..
CATHERINE STOKES and SAMUEL
o1OhEo JR, Defendants.
me otate u Montana sends Greetings
70 uIe ABOVE Nameu defendants:
You are hereby sumlnOned 10 answer
the complaint IN TINS acuon, when Is filed
Al lhe oilice OF tie Clerk OF TINS Court, .
copy O1 which IS herewith served upon
you, anu 10 L1e your answer ana serve a
cVpy thereof upon Ae plalntitf S attorney
wallln twenty Gays amer tne service OF
TINS summons, exclusive OF the uay OF
sci wee, ana IN Case OF your failure to
appear or answer, judgment will De taken
against you by deIault 1or n rehet de-
hieiueu IN the complaint
Inc plalntitt Complains of the defend
AIMS anu aliege.
That the plaintiff, Alice M. Lally,
Was Dy an order OF the Juuge of the above
nameu District Court auly given and
mace, on the 18th day OF November, 1887,
auJuugeu insane ana was committed to
me State Hospital 1or Insane at Warm
springs, Montana, unIll duly and regularly
discharged, and that she mas ever since
been confined IN SAID State Hospital.
2.-Ihat thereafter on the 1In day of
December, 1881, letters of guardianship OF
the person and estate of said Alice M.
Lally, incompetent, were duly issued out
ana unuer the seal OF this court TO Mrs.
Ernest David, and thereafter said Mrs.
Ernest David, as guardian OF the person
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petent, did On the 7th day OF November,
1888, after rendering her first n tlnal
account of her administration OF said
estate ana guardianship of Alice M. LaIly,
incompetent Wnlcn Sald account was uuly
settled, allowed ana approved by the
court, did tender her resignation TO the
court to be discharged from any further
Obligations of said estate, which said
resignation was by the our 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
/ guardian OF the person and estate of Alice
M. Lally, incompetent, which letters are
now IN tun force and effect.
4-That the plaintiff, Alice M. Lally. is
now and ever since the 10th day Of De-
/ cember, 1928, has been the oWner in fee
simple and In the possession of the real
property situated in Silver Bow County
Montana, particularly described, to-wlt:
All that portion of the surface groune
of the Plymouth Lode Mining Claim
patent and designed by the United States
official Survey therefor as Lot No; lI3
Township No. 3, North Range 8 West
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upon the surface Lot No. p, in Block No
A., of the Plymouth Addition to the City
of Butte, County of Silver Bow, according
to the official plat and survey now on fills
in The office of the County Clerk anc
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, II
company with the said Mrs. Ernest Davlc
who was then the duly appointed, quail
fled and acting guardian OF n person ane
estate of Alice M. Lally, went to the homt
and residence of said Alice M. Lally, in
competent, and made a search OF all ths
personal belongings of the said Alice M
Lally, incompetent, and found therein al
instrument purporting to be a deed o.
conveyance amongst her personal effect
dated December IL, 1885, which said deeC
was from Alice M. Lally as grantor t
one Samuel Stokes Blair, Jr., which
copy of said deed is hereto attached
marked Exhibit A" and made a part o
this complaint, reference is hereby mad'
to he original complaint.
6.-That on the 9th day of December
1887, the said Catherine Stokes, VINO nae
possession of said deed, caused the SAINT
10 be recorded in the office OF the County
Clerk and Recorder of Silver Bow County
Montana, the County wherein said rea
estate is situated, under the protest anS
against the will Of Mrs. Ernest David
guardian as aforesaid.
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clared insane did the said Alice M. Lauy
incompetent, give the possession OF salG
deed to anybody or deliver the same U
the defendant, Samuel Stokes Blair, Jr.
or to ANYBODY for him, but that said deet
was at all times in the possession OF salC
Alice M. Lally until the 9th day OF pc
cember, 1887, when said defendant, Catn
crime Stokes, obtained the same from I'M
personal effects of Alice M. Lally, in
competent; that said deed thus obtained
and recorded constitutes a cloud ,upoi
plaintiffs title to the above described rea
| property, and the same is now in tn
possession Of the defendants herein;
8.-That the said defendants claim al
estate or interest in said real propert,
adverse to the plaintiff, but that SAT-
claim or interest is without right.
9.-That the real property ~hereinbetor'
described now stands in the name 0
Samuel Stokes Blair, Jrp on the record
of the Clerk and Recorder of Silver Bow
WHEREFORE, plaintiff prays judgment
that the defendants be required to Sc
forth the nature of their claim or claim
and that all adverse claims of the de
PENDANTS may be determined by a deere,
of this court.
2.-That by said decree it be declared
and adjudged, that the defendants hav'
no estate or interest whatever in or Z
said land and premises, and that the It'll
of plaintiff thereto is good and valid.
3.-That the defendants be forever en-
| joined and debarred from asserting an!
claim whatever in or to said land IN
premises adverse to the plaintiff and from
transferring or conveying the same or an.
interest therein.
4.-That said deed be cancelled and ex
plunged of record, and that the recordatiol
thereof be held for naught.
5.=That the defendants be by a deere
of this court ordered and directed to sur
render possession of said deed to thi
plaintiff, and for costs herein expended
and for such other and further relief a
the court may deem just and equitable.
WITNESS my hand and the seal of saiC
Court this 14th day of February, A. d
1899.
ELMER SHEA, Clerk.
BY J.. T. SHEEHAN, Deputy Clerk
court Seal)
7. F. O'CONNELL,
Attorney for Plaintiff.
First publication February 16, 1939.@4T.