Montana labor news., 1944-08-10

Dated this 2nd day Of August 1914.
DOROTHY HOOPER, Applicant.
First Publication August 3, l94E2F
No 4O sO7 III
ORDER To SHOW CAUSE
In the District Court OF the Second Judicial
District OF the State OF Montana, In and
For the County Of Silver Bow
SILVER BOW COUNTY. MONTANA, body
polite, and public corporation, and
MINNIE J. HESS, Plaintiffs,
vs.
HENRY C. KROGER and wife, LAVINIA
KRoGER, if alive, and/or if dead, all
unknown heirs and deyisees OF HENRY C.
KRoGER and or LAVINIA kROGER, or
either thereof, deceased EDITH A.
SHIELDS, as Administrators of the Estate
OF E. SrERRETT SHIELDS. deceased. and
all unknown heirs and devisees of E.
STERRETT SHIELDS, deceased. and JOHN
F. SHIELDS, SARAH LOUISE HOWELLS,
ELEANOR S. PENROSE Elizabeth M
MONGER, and EDITH A SHIELDS indi-
yidually; FREDERICK j. HEBRON ad-
ministrator of the estate of GRACE
HEBRON, deceased, and all unknown
heirs anl deysees OF GRACE HEBRON
deceased, and FRED J. HEBRON, some
times kaown as FREDERICK JAMES
HEBRON, individually, and all other
persons, unknown, claiming or who might
claim any right title, estate or interest
in, or lien OF encumbrance upon the real
property described in the complaint. or
any thereof adverse to plaintiffs owner
ship, or any cloud upon plaintiffs title
thereto. whether such claim or possible
claim be present or contingent, including
any claim or possible claim OF dover in
choate or accrued, Defendants.
MINNIE J. HESS, one OF the plaintiffs in
the above entitled action, having this day
filed her affidavit herein in behalf Of her
self and her co-plaintif, Silver Bow County,
Montana. a body polite and public corpora
ton from which it appears that this action
is one prosecuted by the plaintiffs against
the defendants for the purpose OF quoting
flp IN in he
County OF Silver Bow, State of Montana, and
more particularly described as follows, to-wit,
Lot numbered Three 49, in Block Mum
bered Twenty-Five t22i OF the Original
Townsite Of Butte, Silver Bow County,
Montana. according to the official plat
thereof on file and Of record in the office
Of the County Clerk aad Recorder Of
Silver Bow County, Montana, together
with all and singular the lands tene-
meuts, hereditaments, and appurtenances
thereuntO belonging or in aayWise apper-
tanning, save and except ores and miner
ais beneath the surface OF said lands as
heretofore reserved by conyeyances Of
record
That the defendants. Edith A. Shields Edith
A. Shields as Administrators of the estate Of
q. Sterrett Shields, deceased and Johl F.
Shields have appeared in said action: that
the defendant Edith A. Shields in her sepa
rate answer alleges that she is in possession
OF said property under a contract to purchase
the same from the true owners thereof and
that neither of the plaintiffs have any right
title, or interest whatsoever in and to said
property. that the said defendant Edith A
Sbields as administrators of the estate of q
Sterrett Shields, deceased claims and alleges
in her said answer that the said Edith A
sntelds is in possegsion of the property de-
seribed in pIaintiff's complaint under con-
tract to purchase the same from the true
owners thereof and that neither of the
plaintiffs have any right title, estate or in
terest whatsoever in or to said property.
taat the said defendant John F. Shields has
tiled a separate general demurrer to plain
Uffs complaint.
That the plaintiff Silver Bow County
Montana a bodv nolitie and public CORPORA
non ie the Lawful owner of said premises
subject onlv to the rights OF plaintiff Minnie
J Hess as purchaser thereof under a con-
tracf from said silver Bow County Montana.
that said Silver Bow County Montana claims
and asserts title to said real property under
AND nv virtue of tax deed duly and regu-
iarIv made executed and delivered to said
SILVER Bow County. Montana by George
0iRrien the dulv elected. qualified and act
mo County Treasurer of silver Bow County.
aTontana on the 95tb day Of june. 1889, which
said deed lis recorded in Book 1873 D. 392 Of
the Daed Records of silver Bow County. Nom
fane a conv of which is attached to plain
fiff's said affidavit and made a part thereof.
that the plaintiff. Minnie j Hess is the law
ful owner of said real property subject only
to the plaintfff Silver Bow County Mon
tana. bolv polite and public corporation
bv virtue Of a certain contract Of sale here
fofore and on the 9th dav of February 1914
uvered to said plaintiff Minnie j. Hess by
he said County of silver Bow, . true and
correct copy Of which said contract is at
tacbed to the affidavit of plaintiff herein
and made mart thereof
That the attendants Edith A. Shields Edith
A Shields as administrators Of the estate Of
e Sterrett Shields deceased and John r.
shields and each thereof claim rights to said
real nronertv hostile to the tax title vesting
in nlaintiffs as aforesaid and are, pursuant
to fhe provisions OF Section 2214 r. O. M,
iq95 DESIGNATED as true owners of said prop
srtv
That the amount of all taxes, interest and
penalty which would have accrued upon said
real propertv both for the County of Silver
Row state Of Montana. and for the City OF
quite Co1,,tv of silver Bow. State of Mon
tana and be subject to collection by the
Cougtv of silver Bow State of Montana if
said nronertv had been regularly and legally
assessed and taxed as the property of said
trne owners and sold for delinuuent taxes and
was about to be redeemed by them is the sum
of as 533 SIS dollars
That the nlace of residence OF said true
owners is ss foIiows. Edith A. Shells. Butte
STonta-a. Editb A shields as administrators
nj the estate of d sterrett Shields, deceased
Butte, Montana; John F. Shields Grange
viiis rdebo, ami it appearing to the court
from eeid affidavit aforesaid that this is an
action to ouiet title to real property ac-
ot,ired bv a nurehaser at tax sale; that the
5efa~dorts berei.,hefore described as "the
true ouners" of said propertv claim rights
~ said ec+ion hostile to the tax title claimed
and asserted bv plaintiffs
NOW THFRFF6RE the court being fully
advieeS in he law and the premises and pur-
s',ent n the nTovisions of Section 22l4. r. c.
AT ios5 Won the said defendants Edith A.
SLielis Ed3tb A shieis as administratrix of
~ 49, Of r sterratt Shields deceased
ND s,1S Iobn p shields the said true owners OF
sajd reai nronertv above described and all
ofber defendants above named and described
are hereby commanded and directed to de-
nosi, in eourt TO The nse Of the tax purchaser,
nv to-uit. silver Row County Montana, a body
nolitic and public corporation and to its sue
cessors to-wit. the said Minnie j. Hess, the
ato1n' i,,S "a az ha,,e sccrned if said property
ad %.ii0 bee reo,,Isriv and legally assessed and