Montana labor news., 1939-03-02

guardian of the person and estate of Alice
NJ. Laly incompetent, which letters ar.
now in full force and effect.
4.-That the plaintiff, Alice M. Lally, Is
now and ever since the Goth day of De-
cember, 1928, has been the owner in fec
simple and in the possession of the real
property situated in Silver Bow County
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. l73
Township No. 3, North Range 8 West
which is included with the boundaries
upon the surface Lot No. 81, 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,
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
who was then the duly appointed, quail
fled and 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 an
instrument purporting to be a deed OF
conveyance amongst her personal effects
dated December II, 1885, 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,
marked Exhibit A" and made a part OF
this complaint, reference is hereby made
to the original complaint.
6.-That on the 9th day of December,
1897, the said Catherine Stokes, who had
possession of said deed, caused the same
TO be recorded in the office OF the County
Clerk n 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. Lally,
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 M. 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.-Ihat the real property hereinbefore
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 n valid.
SHAT the defendants be forever en-
joined and debarred from asserting any
claim whatever in or to said land 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 ~recordation
thereof be held for naught.
5.-Ihat the defendants be by a decree
of this ordered and directed to sur
render possession of said deed TO this
plaintiff, and for costs herein expended.
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 l4th day Of February, A. D..
1889. -
ELMER SHEA, Clerk.
By j. I. SHEEHAN, Deputy Clerk.
Court Seal)
7. F. O'CONNELL.
Attorney for Plaintiff.
First publication February 16. 1939.@T.