Montana labor news., 1945-12-27

NICE MATTHIAS flH-"N
vs., .prrH J. CASEY. as admlnlstratrix
at NJ Estate Of TRIO OAost 80
pnown AS PAT CASEY, deceased Entata
7 CASEY. as ADMINISTRATIVE oil Lhe E 5yr
1a1T1Ey CASEY, deceased; lAABE
I CASEY. in her own right. MILO, H00S11D
prSFyMAN; BAR J. + hOWsHy
p CASEY; ELIZABETH OhAatSE GSIF
sSaN' LANES p. CASEY, SARAH CASEa
MRS ANNIE MURRAY; JOHN DIE on
-TorE as administrator oil the hstes
R CATHERINE May
SsSsrDy. PATRICK SHERLOCK; MHS' DEE
stFT OcK. and LOUISE SHEkLOSni ~
al parscas unknown claiming or WIZ h.ssss
claim any right, tsle ss'a upon. the reai
.r,rsartv described in the eoniniNhA ne ~,
or any part thereof, adverse n...tL,s
sftIe thereto. whether such claim, OF pSssa1.e
- he present or contingent, hciuslhs
80 .,sSm or possible claim, OF dover
snchoa,e OF accrued, ~defendsnls, osvv
~ etate Of Montana TO-: JOHN CASEf'
MRS MARY ELLEN oLEMA yAsis I'm
GsSrry SARAH CASEY, MRS. ANNIE MuE-
- .sps ANNIE THORNTON, MRS. MANY
CassrDY PATRICK Mic. De-
StsrreI ocK and LOUISE SHERLOCki also
JOYfv DOE SHERLOCK, as a1ml Ht5Spt 0cSy
- se,ate of Mrs. CATHERINE ~SHEhLOCh'
sscaesed. and all other persons unknown
elatniua' or who might claim, any rlshe'
fitle estate or interest in, OF hen OF ~
cumhyance upon, the rear Plopt' .rans 80
in nc complaint, or any part thIevi, a.
rss IN plaintiff's title and ownership, OF
anv cloud upon PLAINTIFFS tite theieso1
vhether such claim, OF possble cla'lh, ~
present or contingent, neluaihe ,n a5s or
or possible claim, Oh uo"ti' A
accrued GREETING: tho
Won are hereby summoned 70 ahsNsl 'te
cornplaint In this action when is ineu -
.the office Of the Clerk Of this court, d
Inv az which is herewith served upon
~, and to file your answer, and Serve
a copy thereof upon plalhUnl "st
WITHIN twenty 900 days after lhe selstSe
~ tNss summons upon you, exclusive ol ~
service. and in case OF your failure
10 appear and answer, judgment WI
talen against you by default Ior tme el ~
demanded In the complaint ms astroH ho-e
Soives IN title to certain real property hele-
,1after described in this anu -
instituted for the purpose OF IeHoSlns .
closd Of and from plaintiff 5 tte tnGn4SS,
The nature Of the relief Soaght Dy sneges in
Ne complatnt filed in said action tlat;
EIIzb j. CASEY, one oil aooye h"It
defepdauts. was by the above enIltleu ~
scrolnted administrative Of the above eheisIeu
1P. ~ patrick Casey, also known as Fat
C.-v deceased. nd tint she now IS the
dutv ppoNted, qualified ana acting a un
tstratrix Of said estate; that she Is SUI
-a,rtntetratrix of the Estate OF Bartley casey
aaAaaseS as we'll. that plaintiff ever since
- 9nd day Of November 1922 was any
INV "a the owner in fee simple Oh ue IeS'
orouerty described as follows: .4
Tra certain lot, piece or parcel OF I"nu
.,.1,ats living and being in the County ol
Sogor Row Montana, more particularly uc'
srribed as follows. All that poruon u VI az
stewart Lode Mining Clam, ueslshaltu -
~ numbered fifty-three 1881, IN tuWilsAllA
> ,orth- range 8 west, described as lolo"a
Beginning at the southeast corner "a ~,
tract herein described a point rum -
4he southeast corner NUMBERED lUut 49,
20 lot numbered fifty-three 1851 Dee5
sonfb fftv-one C51l degrees fifty-seVen 20
mir tes east, thirty-nine and one-tehIn ASS;A
feet. and running thence SCUM se.eli'y - 4
l75l degrees f~ifty-fYe t9ol mnns's 10
trentv-ose I'D feet; thence north wv y
sagrees two t21 minutes west, thlrIy-Iou
nd ACKNOWLEDGEMENTS (3405l ieet, thehce 5sS
seventy-nine t79l degrees thirly-seneI 20
minutes east, twenty-tour ~ , 5Se'' ninnte
nth three (3l degrees thirty i5Ul mliau.
-, thirty-three and three-teaths NSS.o
ret to the place Of beginning. Aso' -,
hat norton Of the surface BIoAi'u
stewart Lode Mining claim 10y thiTtee
Fiftv-three 1851, situated in section lhlIteI
t1sI township three 49, north, range eIsn
a. west. in Silver Bow County MonVau'
narticuiarly described as follows beBni4t
at the southeast corner OF sme ~ corner =
conveyed. from which the southeast ColnSl
- eatd stewart Lode Mining Claim DeaI
gouth eighty-two 1872 degrees seveI y
minutes east .thirty-two and thlIty -lul 1es
$500 feet; thence noIIh eis"' fortv-nir
degrees seven a minutes west toi'y ~,
- sigtv-seyen hundredths (4S.oD rec
hence north ten OOl degrees two Z mlngt'
vest .thirty-five and eishty-two hunuIe@ w
tqF s2i feet: thence north seventy-hihe -.
degrees thirty-two 1927 minutes essg. ~
- and sixty-seven hundredths (o9.bD ~
mavce south three 81 degrees thirty q,
minutes west. fifty-three and t~o-huhoIeu'
ia n91 feet to the place OF beginning,
That nnon said two pieces OF lahu tHe
ore crested two frame buildings, occupl
by plaintiff as and LOT ms puS''e's 90
residential purposes D-oyor,be
mat ever since said 2nd day OF NoNento,
100 plaintiff was. and now is, in tne actu'
continuous. uninterrupted. quiet ana peac
a6le possession Of said real properly ,4s
That on February "a, 1926, ouIiAs snc u.
time OF said Pat Casey, plalnlll poILoM
rom him 81, 100000 on a real properly ~ ~
gage placed upon said real property ~
March IA. 1888. said Casey instltut
foreclosure proceedings IN tne aOosg ooy ey
court. against this plaintiff 70 ieCoyst
,,nnaid balance Of S183. 10 upon SAID morlsal
THAT on April 8, 1888, the court reauel
ms Judgment for S27l.lO IN laVol "a o.
casey and against this plaintiff Whicn 81
s.o1,aa5 interest on said unpaid balan
,ttornav,s fees. and court costs ana I
court ordered said real properly 10 DC ~
nv the sheriff Of Silver BOW County, NN
lana al public sale to be held on May
,o9s 81 > o'clock. P. M. in front Oh
,-nnrt Hnuse door tn Silver Bow Coul
Montana. That said sale was GUY agFetY.
i'm a newspaper, and was helu by salu ol
IN said day. at said hour and place an
e1,formitv with the directions OF sara Gov
on ' sai5 Pat casey, being the high
hidder at said sale, became the purcha
Of said real property ana' on sara gay .
sheriff then Larry Weir, o. Hlaae' Z
.,ted and delivered 20 said Pat CASEY
eSeriffs certificate Of sale on order OF s
to said real property. Ihat' on salQ u
said Casey filed the sald cetllllCute
re.ord which Is numbered ll2o' IN Jhe ~
If the county clerk ard recorder OF 81
Pow County. Montana, and the legal ulle
said real property has ever shlce pet"
now stands in the name OF salu Fat S1q5
on the records OF Silver Bow County M
tana in said county clerk and record
Thai. thereafter on or about septen
"a. 1884, said Pat Casey e3teteu NJ
express agreement with plaintiff "men
rnitted plaintiff to redeem the sala
nroperty upon the installment plan oy pa!
s316. 90. plus interest from sald aale ~
ner annum. until paid; and said casey
~ and authorized Mike Haggarty,
pprietor and manager Of the Montana Col
zion Agency. as his agent, TO collect J
ulaintiff said instapment payments
plaintiff paid said sum and interest Ihel
r mi on october II, 1885. That by
agreement for redemption OF salo rear r
erty. said Pat Casey agreed that upon
ment bv plaintiff Of said sum OF s3lo.OO
interest thereon in full. he, said Pat ~
would by a good and sutilclent convey
convey back TO plaintiff the legal tlIl'
said real property. That notWNhSIa.N
p~laintiff carried out each and every par
his said agreement on MS part 70 pe
formed. said Casey went to Ireland and
terlv failed and neglected to caryr out
perform his part of said agreement by ma
executing and delivering to plaintit
good and sufficient conveyance W s"o
urorerty.
That at no time herein mentioned
plaintiff ever convey TO any person wha'
his right, title and interest in and 20
rasl nronertv. and at all times herein
toned he was, and now is, the sole o
thereof. and was, and now is. in the &C
continuous. uninterrupted, quiet and p
ful possession thereof.
That said Elizabeth Casey administr
Of said Pat Casey's estate. did not
aid real property to be listed and app
as a part and asset Of said estate;
notwithstanding, above named defendants
reirs q erither Of them, might at any
hereafter claim a right, title, estate o
terest in. o liren or incumbrance upon