Montana labor news., 1946-03-07
No. 4l697
SUMMONS

~
In the District Court OF the Second Judicial
District OF The State Of Montana In and
for the County OF Silver Bow.
ARTHUR J. E.DEIlKIN and GRACE II.
Plaintiffs.
CHARLES F. LAvE1L. ct al. Defendant.
The State Of Montsna sends greetings 10
the above named defendant:
You are hereby summoned to answer tho
complaint In this action. which is filed in
the office OF the Clerk OF this Cour; o copy
OF which is herewith served upon you. and
70 Tile your answer and serve Q copy thereof
upon the plaintiffs attorney within twenty
days after the service OF this summons, ex-
elusive OF the day OF service. and IN case
OF your failure to appear or answer. judg-
ment viii be taken against you by default
for the relief demanded In this complaint.
witness my hand and the seal OF said
Court this 9th day Of December. A.. d. ls45.
Court Sesl) ELMER SHEA, Clerk.
BY D. F. HOLLAND. Deputy Clerk.
E d. EDERKIN,
233 8. Washington.
Butte. Montana.
Attorney for Plaintiffs.
COMPLAINT
No. 1882
In the District Court OF the Second Judicial
District OF the State OF Montana, In and
for the County OF Silver Bow.
ARTHUR J. LDERKIN and GRACE H.
N4OERKIN. Plaintiffs.
CHARLES r. LAvuL, and ali other persons
unknown. claiming OF who might claim any
right. title, estate or interest in, or lien.
or encumbrance upon. the real property
described in the complaint. or any thereof.
adverse TO plaintiffs ownership, or any
cloud upon plaintiffs title thereto. whether
such claim be present or contingent IN
Guiding any claim. or possible claim Of
dover. inchoate or accrued. Defendants.
Thu plaintiffs complain and nilege:
!. That the plaintiffs are now. sad ever
been the owners OF. seized In fee Of. in pos
session OF. and entitled to the possession Of
the real property described In this COM
plant. which said property is situated n
Silver Bow County. Montana. and is de-
scribcd IS follows. to-wit:
Lot numbered Sixteen tl6) CT Block num-
bcred Thirty-two 1927 Of the Original Town.
site OF the City OF Butte, Mont. together
with that portion Of Lot numbered Fifteen
u.s., OF Block numbered Thir.y-two 1927 Of
the Original Townsite Of Butte. Montana.
particularly described rs follows:
Beginning at the Southeast corner CT said
Lot is and running thence Westerly along
the South boundary OF Lot is which Is also
lance OF four az feet thence northerly q
distance OF 48 feet to a Joint which is vest
crly from the east boundary OF said Lot Is
a distance CT six and cighty-flve One-hua-
dredths tC.85l feet: thence from said point
northerly q distance of twenty-five 1921 feet,
boundary OF said Lot Is n distance Of seven
n, feet to the East boundary Of said Lot
Is thence southerly along the East boundary
OF said Lot IS a distance Of seventy t70)
feet. more or less, to the place OF beginning.
according to the official FLAT and survey OF
said Original Townsite OF Butte on file and
OF record In the office OF The County Clerk
ard Recorder Of Silver Bow County. State OF
Montana.
Together. with all and singular. the tcne.
mnnts. Entertainments and npurtenances
thereunto belonging or In any wise nprer-
tanning. and the rrversion and reversions.
remainder and remAinders. rents. issues and
profits thereof.
TO HAVE AND TO HOLD. all and sir.
gular. the said premise. situated and known
as sol West Park Street. Butte. Montana, -.
gether-with the appurtenances. unto the said
parties OF the second part. as joint tenants
aforesaid. and 70 their heirs and assigns
forever.
2. That the defendants. and each OF them.
claim some right. title. estate or interest in
md 10 said real property. or lien OF encum-
brance thereon. or cloud Upon plaintiffs
title. adverSe to plaintiffs ownership; and
each and all Of said claims Of the defendants
ARE without right.
3. That the plaintiffs for the purpose OF
q complete adjudication OF the
title to the said real property Join as de-
sN NioOi boOVV iauNu.
and unknown. claiming or who might claim.
any right. title. estate, or interest in, or lien
OF encumbrance upon the said real prop
erty. or any thereof. adverse to PLAINTIFF
title thereto whether such claim. or possible
claim. be incipient. inchoate or accrued. and
names as defendants all known persons who
assert any such claim, or claims. End joins
as defendants all persons unknown who
might make any such claim or claims.
WHEREFORE. plaintiffs pray judgment as
fellows:
That the defendants may be- required TO.
set forth the nature OF their claims that all
adverse claims Of the defendants may be
by a decree Of this court; that
by the said decree the plaintiffs have COM
plete adjudication OF the title TO the said
real property. and n such decree Of this
Court 1t be adjjudged that the defendants
have no right. title. estate or interest In. or
lien. or remembrance uron. the said real
tins' ownership; that the defendants have
no claim. or possible claim OF dover. inchoate
or accrued. and that there shall be no cloud
plaintiffs title to said real property;
that the title OF the plaintiffs is good and
valid: that the defendants be forever
cstoppcd from asserting any claim whatso-
ever in or to the said real property adverse
to plaintiffs: that such other and further
relief be granted to the plaintiffs as may
be proper and equitable. that plaintiffs re.
cover their costs. Plaintiffs pray for GEN
cral relief.
Z. D. MDERKIN.
Attorney for Plaintiffs.
233 South Washington Street.
Butte, Montsna.
First publication Feb. lt-4T