The Western news. [volume] (Libby, Mont.) 1933-current, 1942-06-11
ALIAS SUMMONS

of Montana, in and for the County
of Lincoln.
Chemical Bank & Trust Company
a corporation and Charles Lalor
Burdick, Trustees, Plaintiffs, VS.
Thomas 0. Collins, Executor of the
Last Will and Testament of James
E. Higgins, Deceased; James Sheri-
dan Higgins and Lula Claire Mar
tin, heirs-at-law and devisees of
James E. Higgins, Deceased; all
unknown heirs-at-law of James E.
Higgins, Deceased; James Higgins,
Deceased, and the unknown heirs
and unknown devisees of James
Higgins, Deceased; A. c. Most;
Lemco Mines Co., corporation; E.
S. Hotaling and Jean Doe Hotaling,
his wife; F. M. Cotter and Jane
Doe Cotter, his wife; Joseph H.
Riley and Jennie Doe Riley, his
wife; Joseph A. Riley and Jennie
Doe Riley, his wife. Joseph N. Riley
and Jennie Doe Riley, his wife; E.
S. Hotaling, Trustee; F. NJ. Cotter,
Trustee, v. A. Harpole; and any
and all persons, known or unknown,
claiming or who might claim, any
right, title, estate or interest in or
to, or any lien or encumbrance upon
the real property described in the
Amended Complaint, to wit: Min
ing claims and premises named and
known as Way Up Lode, designated
in the office of the Surveyor Gen.
eral of Montana as M. S. No. 6306,
and the Montana Lode, designated
in the office of the Surveyor Gen.
eral of Montana as NJ. S. No. 6305,
both in the County of Lincoln,
State of Montana, or any part there
of adverse to Plaintiffs ownership,
or any cloud upon Plaintiffs title
thereto, whether such claim or pos
sible claim be present or contingent,
including any claim or possible
claim of dover, inchoate or ac-
crued, Defendants.
The State of Montana to the above
named defendants and to all other
persons, unknown, Greetings:
You are hereby summoned to
answer the amended complaint in
this action, which is filed in the
office Of the Clerk of this Court,
and to file your answer and serve a
copy thereof upon the plaintiffs at
torney within twenty days after the
service of this alias summons, ex-
elusive Of the day of service, and in
case of your failure to appear or
answer the same, judgment will be
taken against you by default for
the relief demanded in the amended
complaint.
This action involves the title to
the following described lands, to
wit.
An undivided one-third interest
in the following described property
known as the Way Up lode mining
claim, designated by the Surveyor
General of Montana as Lot No. 6306
embracing a portion of unsurveyed
Township Twenty-six, North OF
Range Thirty-one, West of the Prin-
cipal Meridian, in the West Fisher
unorganized Mining District, in the
| County of Lincoln, State of Mon
tana, and bounded, described anc
plated as follows, with magnetic
variation 22' "a, East. Beginning
for the description of Lot No. 5000
at Corner No. a stone 24x12x6
inches, marked 1896 a mound OF
stone alongside, from which u. S.
location monument No. 6305 bears
north So east, 200 feet distant
Thence, first course, north 40 west
1900 feet to Corner No. 2 Thence,
second course, south So west GOO
feet to Course No. 3. Thence, third
course, south A. east 1900 feet tc
Corner No. 4 identical with Corner
No. of Lot 6305. Thence, fourth
course, north &C. east, 800 feet to G
point from which discovery tunnel
bears north 4 west 500 feet distant
600 feet to corner No. |, the place
of beginning, said Lot No. 6306 ex-
tending 1900 feet in length along
said Way Up vein or lode; and
| An undivided one-sixth interest
in the following described property
known as the Montana lode mining
claim designated by the SURVEYOR
General Of Montana as Lot No. 6305
embracing portion of Unsurveyed
Township Twenty-six, North Of
Range ThGty-one, West of the Prin-
cipal Meridian, in the West Fisher
unorganized Mining District, in the
County of Lincoln, State of Mon
tana, and bounded, described ano
plated as follows, with magnetic
variation 90 "a east. Beginning
for the description of Lot No. 1905
at Corner No. a stone 24x12xf
| inches, marked 1-6305 (also marked
| 1-6306) a mound of stone alongside
from which u. S. location monu-
ment No. 6305 bears north So east
200 feet distant. Thence, first course
south So west, 600 feet to corner
No. 2. Thence, second course, south
49, 30 east 1900 feet to corner No
49, Thence, third course, north So
east 600 feet to Corner No. A
| Thence, fourth course, north 49, 30
west TIA feet to point from which
the point of discovery at mouth oil
| tunnel bears west $50 feet distant
1900 feet to corner No. |, the place
of beginning. said Lot No. 6305 ex-
| tending 1900 feet in length along
said Montana vein or lode
The nature Of the relief sought
by the plaintiffs is as follows:
To quiet title in plaintiffs to the
lands in plaintiffs complaint
(amended), and hereinbefore spe-
officially described, as against such