Notice of lawsuit: District Court

In The Loarth district Court* of the 'Hate of I w M a , in and for Lincoln County. B.B.&eorge vs. Boll© SAtisaer mul her husband, fteorge lo. timer, Plaintiff. Defendants. The Plaintiff complains of the defendants and upon his information and belief alleges? Th^t at all the iitaes and dates mentioned in this complaint the said defendants Vers and now are husband and wife. That the said plaintiff end the defendants are the owners of and entitled' to ,the possession of a s tenant in como$ and for more than twenty years last past the said plaintiff and the defendants their Gran­tors andpredecesaors in interest have continuously been and now are* the owners of and entitled to the possession of as tenants in eeanen of all of the follow!^ described real estate situated in the County of Lincoln, State of H0vad&, and described as follows? The oonth hcvlf of tae Jortn West quarter and the Horth West Quarter of the South West Quarter of Section 15, Township 15 South, Hans© 56 Last, Mount Diablo Base and Meridian containing one hundred and twenty acres more or less together -with all the waters rising and flowing from Indian Spring through Indian Creek in and upon said land and all ef the tools and farming inplemants, situate and used on said ranch known and called -the Indian Creek or Towner Bench That for irgtor# than 30 years last past the greater poi tlon of said ranchjjk Lands have boon enclosed by a substantial fence and continu­ously famed,and large crops of alfalfa, grain and garden, have heretofore and now are* produced on said land and the said lands have been generally Improved W the plaintiff end the defendants and their predecessors in interest by building reservoirs, canals and ditches thereon and conveying all of the waters of Indian Creek to and upon said land for the purpose cf irrigating the sm» and making the soil productive * M by the erection of O corrals, stable** outhouses and dwelling house thereon. That said Ranch and lands arc situate about forty miles Worth-westerly from the town of lias Vegas in said County and constitutes and is a prominent's tat ion and watering place for freighters and passengers travel ing from said town of Las Vegas to the Bullfrog Mining District, in the County of Wye in the said State of Nevada and large of numbers of teams and animals of every description teamsters and passengers are daily cared for, supplied, outfited, fed and watered from the products of said Ranch and as plaintiff is advised and believes the dally receipts and products of said ranch since about the 1st, day of October, 19Q4, to the present time, has been from fen to Fifty Dollars per day and that said receipts will continue for the reason that the wafers of Indian Creek Is the only available supply of water for several miles distahee from said road. That the plaintiff is the owner of an undivided one-half of snid land, water and improvements, together with the same interest in all of the tools and farming implements situated thereon and that the defendants are the owners of the other half thereof, and as plaintiff is advised and believes the same -is community property acquired by the joint efforts Of said, defendants since their marriage. That on or about the 1st, day of October, 1903, while the plaintif and the defendants were so the owners of and in the possession of said lands and premises as tenants in common the plaintiff leased his undivided one half of said lands and personal property to the defendants for the period of one year and the defendants thereupon took the sole possession thereof and have ever since continued to occupy said premises and to hold and exercise the exclusive possession thereof That plaintiff is advised and believes and therefor# charges the fact to be that on or about the 1st, day of October, 1904, and while the said defendants wore in the possession of said property as the lessees of said plaintiff for his said interest therein^and while negotiations were pending between the plaintiff and- the defendants for the renewal or con­tinuance of said lease for a farther term, the said defendants colluded a and conspired together to cheat and defraud the plaintiff of all his (2) interests in said property and in furtherance of said collusion and ***n Intent then and there to i a w i n sal defraud this plaintlif, procured the services of ft surveyor, boarded, lodged anti kept him at the (Issuing house on said ransh for the period of about two months surveying said raneh and the vaclnity thereof and procured and caused said surveyor to determine and locate the onltivased lands and improvements with Its e n d ® are known as the Indian Ores* Ranch or Sooner Ranch to be without the boundaries of the land described in Section 16, as the Towner or Indian Creek Ranch and thereupon in furtherance of said collusion and with in­tent to cheat and defraud the plaintiff the said det endant, George latimer flledjsaid Indina Creek or Towner Ranch as a pretended honestead and entered the-ew-e as a pretended homestead at the United States land Office at Carson City, Nevada, the lands and premises improved, oultl voted and knwon and oooupied as tenants in common by plaintiff and defen­dants as the Towner or Indian Creek Benoh with intent to cheat and de­fraud the said plaintiff out of all of his interests therein and the said defendants no* claim to be the sole owners thereof and have excluded the plaintiff from the possession thereof, but that said pretended homestead la void for the reason that the lands and promises cultivated and occu­pied by the plaintiff and defendant* as co-owners and known as the Indian Creek or Towner Ranch i s correctly described as situate on the South half of the North Seat quarter and the North West quarter of the South Wool quarter of said section IS.but if said land was open to entry as a home­stead in the United States land Office "the Plaintiff alleges that it was through the fraud and deeeipt of t he said Belle Latimer and her husband George Latimer and each of them in attempting to deprive the plaintiff of his interest therdln while th* relation of cotenancy existed between the plaintiff and the defendants and while the said defendants oooupied said „rvBl.,s and the sole possession thereof under and by reason of a lease f from the said plaintiff and although said pretended and attempted entry of said land as a homestead was made in the name of George Latimer, it was in fast mads in the name of Cecrgs Latimer as Trustee for the us. and benefit s y w l plaintiff w his interest w appear and that whatever interest the said Csorge Latimer acquired in said lands by reason of the alleged pretended entry ant? homestead through the United States Land Office inures to the benefit of this plaintiff as his interest may appear. That the said defendants and each of then are now in the solo possession of said lands and premises and all of the personal property site m t o thereon, claiming ownership under and by reason of their pretended homestead entry and that said claim is without right and casts a cloud on the title of said plaintlfifts ranch and property i ® that the said plain­tiff is entitled to hay# his title to the Indian Crook Ranch or Towner Ranch together with the waters and personal property as described in said complaint quieted in him by a decree of this Court. That plaintiff is informed and believes and therefore charges the fact to be that the datd defendants during the month s of October, November and December* 1 # % January, February, March, April and nay, UpS* . i / : 'siiwiMkiVM-E':y.'.''*!'• • •'.•"%* 1908, and during all of said time and now are, selling large quantities # of produce, water, hay ahd grain to trancient freighters and travelers for large amounts of money and appropriating the same and all of it to their own individual use and depriving the plaintiff of his share thereof and that the defendants las?#, now indebted to the plaintiff in a large sum of money for produce , supplies and water produced and sold dfro® said la land and ranch since the 1st, day of October, 1904, the amount of which i the said plaintiff. %» unable to determine and will be unable to determine unless an aocount be taken of the issues and profits of said land and that the plaintiff h|ts 1 defahnded from said defendants an accounting and ths defendants have failed apii refused to give any account of their receipts and still refuse to m account and plaintiff is entitled to a decree of this Court for an ao'counting in the premises* That the said defendants are now in the sole possession of said lands and premises and are ac­tually engaged in faming the same and "-selling all the products thereof a and that said defendants have sold all of last years hay crop and are now harvesting and disposing of largo quantities of hay, water and other pro dues and appropriating the money received therefor .to their own indivi­dual us# and depriving ;th« .plaintiff of his shore' thereof and threaten to and will continue to so .dispose of the products df '? said farm and all of if and anr.iro»**tat* the. g « ® to their own use unless a Receiver is appointed (5) to take charge of said ranch and premises and care for the proceeds of the sane and that plaintiff has no plain,speedy and adequate remedy in the or dinary course of law. That the plaintiff is informed and believes and therefore charges the fact to be that the said defendants andeach of them are insolvent and unable to respond in damages. That plaintiff is a tenant in common in said property and all of it and has mi estate of Inheritance therein and is entitled to a partition thereof. Wherefore the plaintiff prays judgement and a decree of this Court as follows: FIRST: That the till® of plaintiff in and to said ranch, lands and proper­ty i.be forever quieted as his interest may appear and that said, defendan ants be forever injoined and restrained from asserting any title thereto. SECOND: That if the said Court should find that the homestead entry mad© by George Latimer coders the land embra ced in the Towner Ranch be 33 good and valid title that it inure to the benefit of this plaintiff and for a decree of this Court in such event that the said Geowg© Latimer holds the title to said lands andpreaises in trust for this plaintiff and that he be required to convey the same to said plaintiff as his inter­est may appear or for such other and further relief as to a Court of equity may seem meet and proper in the premises* THIRD: That a partition of said property be had if it be determined that said property can be partitioned without great prejudice to the owners otherwise that a sale of said property be ordered and the proceeds there­of be distributed to the respective owners according to their rights. FOURTH: That an acoount m y be taken of all of the issues, profits and products of said land's and premises 'While in the possession and oocnida­tion of the said defendants and that during the pendency of this action a Receiver be appointed by this Court, to take charge of said property and the oar#, custody and control of the same with all its receipts and profits until the final termination of this action and that plaintiff recover his costs in this -suit incurred and for such further relief as to this Court may seem just in the premises, ''Attorney for Plaintiff. . ?? v *!fl||§ State of Nevada i( to County of Lincoln ) ?.R,.5icHaFteo being first fuly sworn deposes and nays that he is the Attorney for Plaijstiff in the above entitled action: That he has read over the foregoing complaint and knows the contents thereof and that the a«&* is true of hia own knowledge except as to the matters th&r&ln stated upon his information and belief and as to those matters he believes it to be true. That this complaint is verified by the Attorney for Plaintiff instead of the Plaintiff for the reason that the said Plaintiff resides without the M a t e of Nevada and that the facts sought to be established heroin are Within the knowledge of this affianti the Attorney for said Plaintiff. Subscribed and 'sworn "to' 'before me this ’ ___ day of June, 190®. '1'' 1 '1 ’ r ife'iary Public . 2 hereby certify that the foregoing in a full, true and correct copy of the Original Complaint' now on file in said Cause. ’At torney for 'Plaintiff