Montana labor news., 1945-12-06
LEGAL NOTICES
No. 4Oiia


ALIAS SUMMONS
In the District Court Of the Second Judi
oial District Of the state Of Montana IN ana
for the County OF Silver Bow
NICK MATTHIAS, Plaintiff.
FTJzABFyrH j. CASEY. as administrators
of the Estate Of PATRICK CASEY, @ aIso
known as PAT CASEY, deceased; ELlAA5t4Ia "a n
j. CASEY, Administrative oi the , ESsr1s T5ssI5
of BARTT,EY CASEY, deceased; ELl1AbEIA
J. CASEY. in her own right; MRS. LOUISE l,,sIs
RE,RRYMAN; BART j. CASEY dOMrtsD
E. CASEY; ELIZABETH CLAIRE OAsSL tsSI Z,
.pOHN CASEY; MRS. MARY ELLEN Jl.t, CC-I
MAN. JAMES P. CASEY; SARAH CASEY
MRS ANNIE MURRAY; JOHN DOE shEh
TDrK as administrator Of the Estape ol
MRS. CATHERINE SHERLOCK, oeSeaSe1' SeS,
MRS ANNIE THORNTON; Mh's NAlSt ~
CASSIDY: PATRICK ShEftLOT, ,1lrr ond
All nersons unknown claiming or VINO mleht
claim any right, title estate or interest,"
in. or lien or incumbrance upon, 'ne .s.s 80
nroperty described In the complaint i1ss,, heIsln,
ar anv mart thereof. adverse to plaintii
ts,ia thereto whether such claim, or possible
rLaim he present or contingent incluoing
sDv siaim. or possible claim, OF DOVER
incboate or accrued, defendants. -
Srbs state of Montana to- JOHN CASEY,
,rpe NARY ELLEN COLEMAN, JAMES P.
SASJTv. SARAH CASEY, MRS. ANNIE MUh-
psv MRS ANNIE THORNTON, MRS MARY
CASSIDY, PATRICK SHERLOCK MtsS. BEA
sHFRI, ,OCK. and LOUISE SHEHLOChi also
TOTIN DOE SHERLOCK, as administrator OF
the estate of Mrs CATHERINE SHERLOCK
deceased. and all other persons unknown
claiming. or who might claim, any rlgh1'
title estate or interest IN, or Aen OF IN
c,nhrance upon. the real property described
~ re complaint. or any part threof, ad-
verse to plaintiffs title and ownership OF
anv cloud upon plaintiffs title thereto
whether such claim, or possible claim, pc
present or contingent including any claim
or possible claim, OF ooWeri H'VHV"'e Va
accrued GREETING:
You are hereby summoned to answer tne
complaint in this action which Is lileu III
me office of the Clerk of this Court
copy of which is herewith served upon
Won and to file your answer, ana serve
a copv thereof upon plaintifts attorney
within twenty (20) days after the service
of this summons upon you exclusive OF the
dav of service and in case oil your lallure
10 annear and answer Judgment Will be
teken against YOU by default for the relief
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
cloud of and from platntifts S title thereto
The nature Of the relief sought by plaintift
is as follows, to-wit. Plaintitt aueges III
his complaint filed in said action Chat,
EIIZABETH j. CASEY, one Of above named
apnointed administrators OF the above entitled
Estate OF Patrick Casey, also known as Pat
Casev. deceased nd tht she now is the
duly ppointed, qualified ana acLihB auhlll-
istratrix of said estate; that she Is sucn
adninistratrix of the Estate of BARLEY Casey
deceased as WE'LL that plaintiff ever since
the End day of November 1922 was ana
now is the owner in fee simple OF the real
property described as follows:
The certain lot, piece or parcel oI ian9 n5
Silver Bow Montana, more particularly oe-
scribed as follows: All that portion OF the
Stewart Lode Mining Claim, designated as
lot numbered fifty-three 1881, IN township
8 north, range 8 west, described as lonoWs,
Beginning at the southeast corner OF the
tract herein described, point from wmcn
the southeast corner numbered four t4) OF
said lot numbered fifty-three (5ol pears
south fifty-one t5D degrees tltJy-seven loll
minutes east thirty-nine and one-tenth (39.ll
feet: and running thence south seventy-tve
f75l degrees fifty-fiye t55) minutes west,
twenty-one t2D feet thence north Two w
degrees two (2l minutes west, thlrty-lour
and five-hurdredths (3405) feet thence north
seventv-nine t79) degrees thirty-seven (s0
minutes east, tWenty-fOur (24l feeti thence
south three 81 degrees thirty 1907 minutes
west thrty-three and three-tenths O55'Sl
feet to the place Of beginning Also al
that portion of the surface ground Of !, the
stewart Lode Mining Claim, lot numbered
t53l situated in section thirteen
t13l township three l3) north, range elght
t8l west in Silver Bow County, Montana
particularly described as follows Beginning
at the southeast corner of the lot TO be
from which the southeast corner Of |
the said Stewart Lode Mining Claim bears
south eighty-two 1927 degrees seven ~
minutes east thirty-two and thirty-nundreoIns |
1872 .3Ol feet; thence north eight-two 1877
degrees seven Cd minutes west torty-nine
and siSty-seven hundredths (49.6D feet;
thence north ten (10) degrees two ~ minutes
west .thirty-five and eighty-two hundredtns
1882 feet; thence north seventy-nlne lis)
aHnaHHH
nine and sixty-seven hundredths (5967) feet;
thence South three (3l degrees thirty lsOl
minutes west, fifty-three and two-hundredths
(59.O2l 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 and
esidential purposes.
That ever since said 2nd day Of November,
1922 plaintiff was and now is, in the actual,
continuous, uninterrupted, quiet and peace |
able possession of said real property.
That on February a. 1925, during the life
time of said Pat Casey plaintitt borrowed
from him Sl000O0 on real properly mort
gage placed upon said real property. That
on March i3, 1888 said Casey instituted /
foreclosure proceedings, in the above entitled
court, against this plaintiff, to recover an
unpaid balance Of Sl83l 10 upon SAID mortgage.
That on April g. 1888, the court rendered |
its judgment for S271.l0 in favor OF SAID
Casey and against this plaintiff, which sum ]
Included interest on said unpaid balance |
attorneys fees and court costs; and the Z
court ordered said real property TO be sold
bv the sheriff of Silver Bow County, Mon /
lana. at public sale to be held on May r. |
,o93 at D O'Clock. P. NJ, in front of the 1
Court House door in Silver Bow County, |
Montana That said sale was duly advertised |
in a newspaper, and was held by said sherit
On said day, at said hour and place. all IN
with the directions Of said court.
That said Pat Casey, being the highest
bidder at said sale, became the purchaser
ST said real property and, on said day. said
sheriff, then Larry Weir, Esq. made. exc
suted and delivered to said Pat Casey MS
,heriff's certificate of sale on order OF sale
10 said real property. That, on said day,
aid Casey filed the said certificate for
record which is numbered l126, in the Office
II the county clerk and recorder OF Silver
Bow County Montana, and the legal title To
;aid real property has ever since been and
now stands in the name of said Pat Casey
IN the records OF Silver Bow County, Mon
ana, in said county clerk and recorders
,ffice.
a. 1884, said Pat Casey entered into an
express agreement with plaintiff which per-
nitted plaintiff to redeem the said real
upon the installment plan by paying
$1,000 plus interest from said date at SO
yer annum until paid; and said Casey en-
,owered and authorized Mike Haggarty, pro-
,rietor and manager Of the Montana Collec-
ion Agency, as his agent, to collect from
llaintiff said installment payments. IhaJ
,laintiff paid said sum and interest thereon
n full on October II, 1885. That by said
.greement 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
you'd by a good and sufficient conveyance
onvey 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
ronerty.
That at no time herein mentioned did
laintiff ever convey to any person whatever
lis right, title and interest in and to said
cal property, and at all times herein mem
ioned he was and now is, the sole owner
hereof, and was, and now is, in the actual,
ontinuous, uninterrupted, quiet and peace I
III f,nesnerfou thereof