Correspondence, F.R. McNamee to H.E. George

F. R. M 5 N A M E E A T T O R N E Y A T L A W D E L A M A R , N E V A D A . June. 2nd 1905. Mr. H. E. George, 603 Braley Building, Los Angeles, Gal. My dear Mr. George I am inclosing you a copy of* the Complaint that l have prepared from the fact before , and it covers the ground and is good from a legal standpoint, and if the facts are not sufficiently full we can amend later. Will file it as soon as the Judge arrives at Pioche and get a Receiver Appointed if we can determine who we want, and afterwards serve the defendants. If you are not coming to Pioche by the 12th you can wire me the name of a suitable person and I will have him appointed. Am dealying the filing of the Complaint for two reasons, first it will be useless as the Judge is at Ely on his way to Pioche, and ne would not be likely to make an order of appointment until he arrives, and I also wish Mrs. Latimer to get the demand before the Suit is filed, and to save delay I registered her a copy of the demands I sent you yesturday so she will surely be notified. Will keep the matter moving at this end. Very truly, F. R. M? k A M E E A T T O R N E Y A T L A W D E I A M A R , N E V A D A . Delaraar, Nev* June 1st, 1905. Mr. H.E* George, 603, Braley Building, Los Angeles, Cal* My dear Sir:-.- Your letter of the 19th, was delayed in reaching me and I have taken time to look over your enclosures before answering* It seems to be a clear case for you whether the survey is correct or otherwise, if the survey is correct you will prevail in having your title quieted and on aa accounting for your share of the profits and a partition of the property* If partition can be had without injury to the property or otherwise one** half of the proceeds in case a sale of the property must be had* In the meantime we will have a Receiver appointed as I understand the sales of products and water from the Indian Creek Ranch are enormous at the present time* ITow in case that there is a mistake in the survey and the land you hold a deed for is not the Towner Ranch with its inprovements, the face that Belle Latimer entered into possession of the Towner Ranch with its improvements as your tenants in common will prevent her and her husband from acquiring any outstanding title, by homestead or otherwise and if such title could be acquired it will inure to your benefit for the same interest you previously hadd* Of course the personal property of the undividedone half belongs to you without question* I am now ijreparing a complaint to quiet title and in case there is a mistake in the land ,to have a Trust declared for your undivi** ded one half partition of the property, and an accounting , and will have a Receiver appointed pending the determination of the matter* I am not advised whether you want the property partitioned or not but I know it is right for a man like you has no business in F. R. M 5 H A M E E A T T O R N E Y A T L A W D E L A M A R , N E V A D A . partnership with such people and the quicker you segregate your interests the better. Of course they were made your cotenants without your wishes which makes it all the more reason why you should wish to have your interests separate* I will swear to the complaint on information or belief to save delay in sending it to you and will file with the Recorder a notice of the pendency of the suit so they cannot make a transfer and complicate matters# Now in regard to notice being served on them before suit it is not necessary for any relief, other than an accounting and it is my judg« xaent that the last letter you received from Mrs. Latimer was sufficient evidence of a demand, but to make the matter the matter doubly sure I enclose you a written demand, serve personally or by registered mail on M's. Latimer. Court will convene at Pioche on the 12th, of June and remain in session for probably two weeks thereafter. You had better visit the ranch and look matters over carefully and be in Pioche along about the 12th. Of course we will have to be careful as to who will be appointed Receiver and if you come up that way you will probably know of some reliable person. I will simply file the Complaint and have Summons issued so as to prevent any transfer of the property and will not attempt to get service on the defendants until I either see or hear from you as it is my desire to get the receiver appointed on our ex parte showing., and if we should serve papers they will be entitled to a hearing. Will address one copy of this letter to your address at L&s Angeles, and the other at Las Vegas.