EIGHTH JUDICIAL DISTRICT
IN THE DISTRICT COURT OF
COLFAX COUNTY, NEW MEXICO
No. D-809-CV-2016-00187
PUEBLO OF SANDIA, a federally recognized
Indian Tribe,
Plaintiff,
1) TRAVIS M. HAUSLER;
2) TRAVOIS, LTD.;
3) THE FOLLOWING NAMED PERSONS IF LIVING,
IF DECEASED, THEIR UNKNOWN HEIRS:
MARY LEAHY; MARIE ARNOLD LEAHY DAVIS;
ERNEST V. LUDLUM; MABEL L. LUDLUM;
RUSH L. DeNISE; DOROTHY DeNISE BARLOW;
A.G. BARLOW; J.W. O’BRYAN, a/k/a J.W. O’BRIEN;
H.O. CRARY; S.E. BOOTH; PETER LYNCH; THOMAS C. SEWALL;
WILLIAM FULLBRIGHT; ROBERT C. ELLIOTT; BETTY M. ELLIOTT;
and MICHAEL CAWLEY;
4) THE UNKNOWN HEIRS OF THE FOLLOWING NAMED
DECEASED PERSONS:
CHARLES SPRINGER; THOMAS E. GRANEY; MARY LYNCH;
ED FERNANDEZ and MARGARET FERNANDEZ; JAMES LYNCH;
JEREMIAH LEAHY; MICHAEL CAWLEY; WINIFRED E. GRANEY;
5) THE CANNON BALL MINING AND MILLING COMPANY;
THE GOLD PLUME MINING COMPANY;
THE CONFIDENCE GOLD MINING COMPANY;
THE AMERICAN SAVINGS BANK; and
THE COLFAX GOLD MINING AND MILLING COMPANY;
THE OHIO GOLD MINING COMPANY;
6) GEORGE M. FERNANDEZ and JOE STEVEN FERNANDEZ
(Known Heirs of Ed Fernandez and Margaret Fernandez); and
7) ALL UNKNOWN CLAIMANTS OF INTEREST TO THE
PREMISES ADVERSE TO PLAINTIFF;
Defendants.
NOTICE OF PENDENCY OF SUIT
THE STATE OF NEW MEXICO:
1) THE FOLLOWING NAMED PERSONS IF LIVING,
IF DECEASED, THEIR UNKNOWN HEIRS:
MARY LEAHY; MARIE ARNOLD LEAHY DAVIS;
ERNEST V. LUDLUM; MABEL L. LUDLUM;
RUSH L. DeNISE; DOROTHY DeNISE BARLOW;
A.G. BARLOW; J.W. O’BRYAN, a/k/a J.W. O’BRIEN;
H.O. CRARY; S.E. BOOTH; PETER LYNCH; THOMAS C. SEWALL;
WILLIAM FULLBRIGHT; ROBERT C. ELLIOTT; BETTY M. ELLIOTT;
and MICHAEL CAWLEY;
2) THE UNKNOWN HEIRS OF THE FOLLOWING NAMED
DECEASED PERSONS:
CHARLES SPRINGER; THOMAS E. GRANEY; MARY LYNCH;
ED FERNANDEZ and MARGARET FERNANDEZ; JAMES LYNCH;
JEREMIAH LEAHY; MICHAEL CAWLEY; WINIFRED E. GRANEY;
3) THE CANNON BALL MINING AND MILLING COMPANY;
THE GOLD PLUME MINING COMPANY;
THE CONFIDENCE GOLD MINING COMPANY;
THE AMERICAN SAVINGS BANK; and
THE COLFAX GOLD MINING AND MILLING COMPANY;
THE OHIO GOLD MINING COMPANY;
4) ALL UNKNOWN CLAIMANTS OF INTEREST TO THE
PREMISES ADVERSE TO PLAINTIFF;
You, the above-named defendants and each of you, are notified that Pueblo of Sandia, as Plaintiff, has commenced suit against you, and each of you, as defendants in Cause No. D-809-CV-2016-00187, now pending in the District Court of the Eighth Judicial District Court of the State of New Mexico, sitting within and for the County of Colfax, by filing therein its verified Complaint to Quiet Title; that the general object of said suit is to determine and quiet the fee simple title of the plaintiff against you, the defendants, and each of you, in and to the following described property, to-wit:
- ABE LINCOLN (SURVEY #205). That portion of the Abe Lincoln mining claim lying in projected survey Section 27 and 28, Township 28 North, Range 16 East, N.M.P.M., being that portion of said mining claim lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said mining claim lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- ARLINGTON MX (Maxwell Extension) (SURVEY #244). That portion of the Arlington MX lying in projected survey Section 27, Township 28 North, Range 16 East, N.M.P.M. being that portion of said extension lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said mining extension lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- BLACK DIAMOND (SURVEY #193). That portion of the Black Diamond mining claim lying in projected survey Section 27, Township 28 North, Range 16 East, N.M.P.M., being that portion of said mining claim lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said mining claim lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- BONITA (SURVEY #179) and BONITA MX (Maxwell Extension). That portion of the Bonita mining claim lying in projected survey Section 28 and all of the Bonita MX which lies within projected survey Section 28, Township 28 North, Range 16 East, N.M.P.M., (being that portion of said mining claim and extension lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said mining claim and extension lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- CANNON BALL NO. 2 (SURVEY #206). That portion of the Cannon Ball No. 2 mining claim lying in projected survey Section 27, Township 28 North, Range 16 East, N.M.P.M., being that portion of said mining claim lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said mining claim lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- CINCINNATI MX (MAXWELL EXTENSION). That portion of the Cincinnati MX lying in projected survey Section 27, Township 28 North, Range 16 East, N.M.P.M., being that portion of said extension lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said extension lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- FLORENCE MX (MAXWELL EXTENSION). That portion of the Florence MX lying in projected survey Section 27, Township 28 North, Range 16 East, N.M.P.M., being that portion of said extension lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said extension lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- GOOD FRIEND (SURVEY #266) and GOOD FRIEND MX (MAXWELL EXTENSION). That portion of the Good Friend mining claim and extension lying in projected survey Section 26 and all of the Good Friend MX which lies in projected survey Section 26 and 27, Township 28 North, Range 16 East, N.M.P.M., being that portion of said mining claim and extension lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said mining claim and extension lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- INDEPENDENCE NO. 4 MX (MAXWELL EXTENSION). That portion of the Independence No. 4 MX lying in projected survey Section 27, Township 28 North, Range 16 East, N.M.P.M., being that portion of said extension lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said extension lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- JUSTICE (SURVEY #284) and JUSTICE MX (Maxwell Extension). That portion of the Justice mining claim and Justice extension lying in projected survey Section 28, Township 28 North, Range 16 East, N.M.P.M., being that portion of said mining claim and extension lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said extension lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- LITTLE MAMIE NO. 2 (SURVEY #207). That portion of the Little Mamie No. 2 mining claim lying in projected survey Section 27, Township 28 North, Range 16 East, N.M.P.M., being that portion of said mining claim lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said mining claim lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- LONE PINE (SURVEY #244) and LONE PINE MX (MAXWELL EXTENSION). All of the Lone Pine mining claim and that portion of the Lone Pine extension lying in Section 27, Township 28 North, Range 16 East, N.M.P.M., being that portion of said mining claim and extension lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said mining claim and extension lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- McGINTY (Survey #55) and McGINTY MX (MAXWELL EXTENSION). All of the McGinty mining claim and McGINTY MX North Extension which lies in Section 27 and that small portion of McGinty MX South Extension lying in Section 27, Township 28 North, Range 16 East, N.M.P.M., being that portion of said mining claim and extensions lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said mining claim and extensions lie North of Plaintiff’s boundary with Robert Mutz Ranch).
- MOUNTAIN LION MX (MAXWELL EXTENSION). That portion of Mountain Lion MX lying within projected survey Section 27, Township 28 North, Range 16 East, N.M.P.M., being that portion of said extension lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said extension lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- OPHIR (SURVEY #77) and OPHIR MX (MAXWELL EXTENSION). That small portion of the Ophir mining claim lying in projected Section 27 and all of the Ophir extension which lies in projected Section 27, Township 28 North, Range 16 East, N.M.P.M., being that portion of said mining claim and extension lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said mining claim and extension lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- SHAKRAT (SURVEY #39) and SHAKRAT MX (MAXWELL EXTENSION). That portion of the Shakrat mining claim and the Shakrat MX lying in projected survey Section 22 and 27, Township 28 North, Range 16 East, N.M.P.M., being that portion of said mining claim and extension lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described extension and claim lie West of Plaintiff’s Boundary with the Boy Scouts of America).
- SHERIDAN (SURVEY #231). That portion of the Sheridan mining claim which lies in projected Section 28, Township 28 North, Range 16 East, N.M.P.M., being that portion of said mining claim lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said mining claim lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- SIXTY EIGHT LODE (SURVEY #145). That portion of the Sixty Eight Lode mining claim lying within projected survey Section 28, Township 28 North, Range 16 East, N.M.P.M. (being that portion of said mining claim lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office. (Said described portion of said mining claim lies North of Plaintiff’s boundary with Robert Mutz Ranch).
- WHITE HORSE (SURVEY #291) and WHITE HORSE MX (MAXWELL EXTENSION). All of the White Horse mining claim and all of the White Horse extension. The White Horse extension lies in projected survey Section 27 and 28, Township 28 North, Range 16 East. The White Horse mining claim lies in projected survey Section 27, Township 28 North Range 16 East, N.M.P.M., said mining claim and extension lying within the boundaries of Plaintiff’s lands shown on Plat No. 07097 recorded as Document No. 200900227, on January 13, 2009 in the Colfax County Clerk’s Office;
together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; that unless you, the said defendants and each of you file a responsive pleading or motion on or before the 6th day of February, 2017, judgment as prayed for in the Plaintiff’s Complaint will be rendered in said cause by default against you and each of you so failing to appear. The attorney for the plaintiff is Kamm & McConnell, L.L.C., Terrence R. Kamm, P. O. Box 1148, Raton, New Mexico 87740.
Dated at Raton, New Mexico this 15th day of December, 2016.
BERNABE P. STRUCK, CLERK
COLFAX COUNTY DISTRICT COURT
EIGHTH JUDICIAL DISTRICT
(SEAL AFFIXED)
By: /s/ ANITA SINTAS Deputy Clerk
