Montana labor news., 1945-12-20


ELIZABETH ]. CASEY. as administrators
of tbe Estate Of PATRICK CASEY. alss
Known as PAT CASEY, deceased ELIl ABElf
}. CASEY, as administratrix Of the hstatl
If BARTIEY CASEY deceased; ELIAABEIh
J. CASEY, in her own right Mis-. Loul9l
BERRYMAN; BART J. CASEY HOWARD
r CASEY. ELIZABETH CLAIRE CASEY
TorrI CASEY. MRS. MARY ELLEN COLE
MAN. JAMES p. CASEY; SARAH CASEY
MRS ANNIE MURRAY; JOHN DOE SHER
TOCK as administrator OF the Estate o.
MRS CATHERINE SHERLOCK. deceased
MFRS. ANNIE THORNTON; Mrs. MAtsf
CASSIDY: PATRICK SHERLOCK Mrs BEE
stIFT OCK. and LOUISE SHERLOCK anC
sii persons unknown claiming, or who migh
rlaifn any right, title estate OF interest
In or lien or incumbrance upon tne tea
nroperty described in the complaint herein
lille thereto, whether such claim. or possible
,iaim. be present or contingent, including
- slain. or possible claim, OF dover
inchoate or accrued, defendants.
Tbs state of Montana to- JOHN CASEY
Nres MARY ELLEN COLEMAN, JAMES P
@heTv 1iisI SARAH CASEY, MRS. ANNIE MUIR
PAY. MRS. ANNIE THORNTON, MRS. MAI !
gAssrDY. PATRICK SHERLOCK, MRS. BEA
SHERLOCK, and LOUISE ShEhLOCA, ans.
.TOHN DOE SHERLOCK, as administrator q
me estate Of Mrs. CATHERINE SdEtthOCh
Jeceased. and all other persons unknown
oIaiminq. or who might claim, any right
fitie estate or interest in, or lien or IN
',,,mbrance upon, the real property described
in the complaint. OF any part threoi' au-
verse to plaintiffs title and ownership OF
anv cloud upon plaintiffs title thefetoi
,,bether such claim, or possible claim, be
present or contingent including any claim
~ possible claim, Of dover inehoate OF
aeerued GREETING:
You are hereby summoned to answer tne
qomnlaint in this action which is tiled ~
.F clerk of this Court q
copv of which is herewith served upon
gon and to file your answer, and serve
a copv thereof upon PLAINTIFFS attorney
within twenty (20l days after the service
Of this summons upon you, exclusive ol sne
dav of service: and in case OF your ialluIe
ia appear and answer Judgment VIII De
taken against you by default for the rellei
demanded in the complaint. This action IN
wolves the title to certain real property mere
matter described in this summons, ana is
instituted for the purpose of removing a
cloud Of and from plainthfs title lneretg:
THE nature Of the relief sought by plalhJill
4 as follows to-Wit. Plaintiff alleges IN
his complaint filed in said action lhat,
pTTZABETH j. CASEY, one of above named
5efendants. was by the above entitled court
sDnointed Administrators of the above entitled
Fstate Of Patrick Casey. also known as Fat
casey. deceased. nd tht she now is the
duly ppointed, qualified ana actiAB auiliu-
istratrix of said estate; that she is such
administrators OF the Estate OF Barley casey
deceased. as we'll that plaintiff ever since
fbe 2nd day OF November 1922 was and
now is the owner in fee simple OF the Ieal
property described as follows.
The certain lot, piece or parcel oil laha
situate. lying and being in the County OF
Silver Bow, Montana, more parucuIaIly % ue-
seribed as follows: All that portion OF the
stewart Lode Mining Claim. designated as
lot numbered ffty-three (53l, in township
north. range 8 west. described as follows
Beginning at the southeast corner OF the
tract herein described a point from Whlcn
the southeast corner numbered four az OF
said lot numbered fifty-three toSl pears
south fifty-one t5l degrees fitty-seven loll
nin,ites east thirty-nine and one-tenth t3g.ll
feet; and running thence south seVenty-IlFe
f75l degrees fifty-five 1851 minutes west
twentv-one (2i feet; thence north two ~
degrees two t2 minutes west, thirty-four
and five-hundredths t34.05l feet; thence north
seventy-nine (79l degrees thirty seven lSF
minutes east twenty-tour i24l ieeLi thenoe
south three (3l degrees thirty l5Ol minutes
vest. thirty-three and three-tenths tS5'5l
feet to the place of beginning Also, all
fhat norton OF the surface ground OF the
stewart Lode Mining Claim, lot numbered
fiftv-three t531, situated in section thirteen
u3l township three t3l north, range eight
t8 west in Silver Bow County, Montana
particularly described as follows Beglilillils
at the southeast corner Of the lot to be
from which the southeast corner OF
the said Stewart Lode Mining Claim pears
south eighty-two 1921 degrees seven -
minutes east .thirty-two and thirty -hundreaIhs
.3O) feet, thence north eight-tWo l62l
degrees seven "a minutes west forty-nine
and sixty-seven hundredths l496D ieet
thence north ten tlOl degrees two ~ minutes
west thirty-fiye and eighty-two hundredths
.82) feet; thence north seyenty-nine Ctyl
degrees thirty-two 1927 minutes eesI, MY
nine and sixty-seven hundredths t596N teeti
dpurpne thirty 1901
minutes west, fifty-three and two-hundredtns
or feet to the place Of beginning.
That upon said two pieces Of land there
are erected two frame buildings occupied
by plaintiff as and for his business ana
residential purposes. ,.-
1922 plaintiff was, and lOw Is, in the actual
continuous. uninterrupted, quiet and peace
able possession Of said real property
That on February a. 1926, during the lie-
time Of said Pat Casey plaintiii borrowed
from him 81 10000 on a real property mort
gage placed upon said real property. Ihat
on March ls, 1898, said Casey instituted
foreclosure proceedings, in the above entitled
court against this plaintiff, to recover an
unpaid balance Of s183l0 upon said mortgage.
That on April g. 1888, the court rendered
its Judgment for S27l.l0 in favor OF said
Casey and against this plaintiff, when sum
included interest ON said unpaid balance
fees, and court costs; ana the
court ordered said real property to be soio
,,y the sheriff Of Silver Bow County, Mon
ssns- at public sale to be held on May l2,
1888 at O'Clock, P. M, in front OF the
Court House door in Silver Bow County,
Montana That said sale was duly advertised
in a newspaper. and was held BY said sherii
on said day. at said hour and place, all IN
conformity with the directions Of said court.
THAT said Pat Casey. being the highest
bidder at said sale, became the purchaser
Of said real property and, on said day, said
sheriff. then Larry Weir. ESQ., made, exec
.ited and delivered to said Pat Casey MS
sheriff's certificate Of sale on order OF SAFE
10 said real property. That on said day
said Casey filed the said certificate for
record, which is numbered 1926, in the office
,f the county clerk and recorder OF silver
Bow County, Montana, and the legal title 70
said real property has ever since been, and
now stands in the name Of said Pat Casey
IN the records Of Silver Bow County Mon
tana, in said county clerk and recorders
,ffice.
That thereafter on or about September
a. 1894, said Pat Casey entered into an
,xpress agreement with plaintiff which per-
nitted plaintiff TO redeem the said real
property upon the instalment plan by paying
,3i6 90, plus interest from said date at 6fd
ser annum, until paid; and said Casey em-
powered and authorized Mike Haggarty, pro-
,retor and manager of the Montana collec-
ion Agency as his agent, 70 collect from
plaintiff paid said sum and interest thereon
n full on october II. 1885. That by saiu
for redemption Of said real prop
.rty said Pat Casey agreed that upon pay
nent by plaintiff Of said sum Of $4,000 and
interest thereon in full he, said Pat Casey
would by a good and sufficient conveyance
convey back to plaintiff the legal title TO
aid real property. That Notwithstanding
,laintiff carried out each and every part OF
lis said agreement on his part TO be per-
ormed said Casey went to ireland and ut
erly failed and neglected TO caryr out and
,erfomr his part Of said agreement By making
xecuting and delivering to plaintiff said
,ood and sufficient conveyance to said real
irnnerty.
That al no time herein mentioned did
lalntiff ever convey to any person whatever
,is right title and interest In and TO said
cal property, and at all times herein men
ioned he was and now is, the sole owner
hereof, and was, and now is, in the actual
continuous, uninterrupted, quiet and peace
ul possession thereof.
That said Elizabeth Casey Administrative
4 said Pat Casey's estate, did not cause
i'd real property to be listed and apprised
IS a part and asset Of said estate; that,
above named defendants and
.eirs. erither of them, might at any time
hereafter claim a right title, estate or in
crest in, liren or incumbrance upon said
cal property. or any part thereof adverse
o plaintiffs title, whether such claim or
ossbie claim be present or contingent, in
luding any calm or possible claim OF dover
,ohorta n orcrrued because OF the fact