No. D-202-CV-2020-00406

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
No. D-202-CV-2020-00406
MAX EVANS and PAT EVANS, as Co-Trustees of the MAX AND PAT EVANS REVOCABLE TRUST, u/t/a January 7, 2013;
Plaintiffs,
v.
OCTOROON MINING COMPANY, a New Mexico Company, ITS SUCCESSORS AND ASSIGNS; GLENNY MORGAN SEUFORT, her successors and assigns; LEROY JOHNSON, his successors and assigns; MARION ESTERGREEN, her
successors and assigns; AND UNKNOWN CLAIMANTS OF
INTEREST ADVERSE TO PLAINTIFFS,
Defendants.
NOTICE OF SERVICE BY PUBLICATION
GREETINGS: Unknown heirs of the named defendants Glenny Morgan Seufort, Leroy Johnson, and Marion Estergreen and all unknown claimants of interest in the premises adverse to the Plaintiff’s. You are hereby notified that Max Evans and Pat Evans, as co-Trustees of the Max and Pat Evans Revocable Trust u/t/a January 7, 2013, have filed a Complaint to Quiet Title to Real Estate pertaining to the following described real estate in the County of Bernalillo, State of New Mexico as follows:
Octoroon, Octoroon No. 1, Octroon [sic] No. 2, Octoroon No. 3, and Nellie Lode mining claim designated by the Surveyor General as Survey No. 1849,. Embracing a portion of Sections five and eight in Town-ship eight north of Range five east of the New Mexico Meridian, in the Coyote or Soda Springs Mining District, Bernalillo County, New Mexico, and bounded, described and platted as follows:
Beginning for the description of the Octroon [sic] lode claim at corner No. 1, a limestone 24 x 11 x 3 inches, marked 1849 – 1 – 0 with mound of stone, from which the closing corner of Sections five and eight in Township eight north of Range five east of the New Mexico Meridian bears south fifty-four degrees fifty-eight minutes west one thousand five hundred fifty-two and four-tenths feet distance; Thence, first course, south seventy-one degrees twenty-four minutes east two hundred forty two and thirty-nine-hundredths feet to a point from which discovery tunnel bears north fourteen degrees thirteen minutes east five hundred ninety-six feet distance; five hundred forty-two and thirty-nine-hundredths feet to corner No. 2, a sandstone 26 x 10 x 6 inches, marked 1849 – 2 – 0, with mound of stone; Thence second course, north fourteen degrees twenty-nine minutes east one thousand four hundred fifty and seven-tenths feet to corner No. 3, a limestone 27 x 24 x 6 inches, marked 1849 – 3 – 0, in mound of stone; Thence, third course, north seventy-one degrees twenty-four minutes west five hundred forty-nine feet to corner No. 4, a limestone 24 x 7 x 7 inches, marked 1849 – 4 – 0, in mound of stone; Thence, fourth course, south fourteen degrees thirteen minutes west one thousand four hundred fifty-one feet to corner No. 1, the place of beginning; the survey of the lode claim, as above described, extending one thousand four hundred forty one feet in length along said Octoroon vein or lode;
Beginning, for the description of the Octroon [sic] No. 1 lode claim at corner No. 1, a diorite stone 32 x 13 x 4 inches, marked 1849 – 1 – 0, in mound of stone, from which said closing section corner bears south eighty four degrees fifty-eight minutes west two hundred eighty-six and nine-tenths feet distant; Thence, first course, south seventy-one degrees twenty-tour [sic] minutes east four hundred sixty-seven and four-tenths feet to corner No. 2, a diorite stone 30 x 12 x 4 inches, marked 1849 – 2 – 1, in mound of stone.
Thence, second course, north fifty-one degrees twenty-six minutes east one thousand three hundred fifty and thirty-four-hundredths feet to corner No. 3, identical with corner No. 2 of said Octoroon lode claim, also marked 1849 – 3 – 01; Thence, third course, north seventy-one degrees twenty-four minutes west two hundred thirteen and eighty-nine hundredths feet to a point from which discovery cut bears south fifty-one degrees twenty-six minutes west thirty feet distant; five hundred forty-two and thirty-nine-hundredths feet to corner No. 4. Identical with corner No. 1 of said Octoroon lode claim, also marked 1849 – 4 – 0; Thence, fourth course, south forty-eight degrees forty-one minutes west one thousand three hundred eleven and two-tenths feet to corner No. 1, the place. of beginning; the survey of the lode claim as above described, extending one-thousand-three hundred-fifty and two-tenths feet in length along said Octroon [sic] No. 1 vein or lode;
Beginning, for the description of the Octroon [sic] No. 2 lode claim at corner No. 1, a diorite stone 27 x 13 x 7 inches, marked 1849 – 1 – 02, in mound of stone, from which said closing section corner bears south forty-nine degrees seven minutes east two hundred thirty-one and eight t-tenths [sic] feet distant; Thence, first course, south seventy-four degrees forty minutes east one hundred ninety-nine and twenty-five-hundredths feet intersect the east boundary of the Isleta Pueblo Grant; four hundred seventy-eight and one-tenth feet to corner No. 2, identical with corner No. 1 of said Octroon [sic] No.1 lode claim, also marked 1869 – 2 – 02; Thence, second course, north forty-eight degrees forty-one minutes east one thousand three hundred eleven and two-tenths feet to corner No 3. identical with corner No. 1 of said Octoroon lode claim; Thence, third course, north seventy-four degrees forty minutes west three hundred and five-hundredths feet to a point from which discovery cut bears south forty-four degrees west seventy-four feet distant; six hundred and one-tenth feet to corner No. 4, a sandstone 26 x 12 x 6 inches marked 1849 – 4 – 02, with mound of stone; Thence, fourth course, south forty-four degrees west eight hundred ninety-seven and fifteen-hundredths feet intersect the east boundary of said Isleta Pueblo Grant; one thousand two-hundred forty-eight and forty-five-hundredths feet to corner No. 1, the place of beginning; the survey of the lode claim as above described, extending one thousand two hundred forty-eight and forty-five-hundredths feet in length along said Octroon [sic] No. 2 vein or lode;
Beginning, for the description of the Octroon [sic] No. 3 lode claim, at corner No. 1, identical with corner No. 4 of said Octroon [sic] No. 2 lode claim, also marked 1849 – 1- 03, from which said closing section corner bears south thirty-three degrees twenty-three minutes west one thousand two hundred fifty-seven and two tenths feet distant; Thence, first course, south seventy-four degrees forty minutes east three hundred and five hundredths feet to a point from which discovery cut bears north sixteen degrees nine minutes east one hundred seventy feet distant; six hundred and one-tenth feet to corner No. 2, identical with corner No. 1 of said Octoroon lode claim, also marked 1849 – 2 – 03; Thence, second course, north fourteen degrees thirteen minutes east one thousand four hundred fifty-one feet to corner No. 3, identical with corner No. 4 of said Octoroon lode claim; also marked 1849-3-03; Thence, third course, north seventy-four degrees forty minutes west five hundred forty-one feet to corner No. 4, a limestone 30 x 10 x 8 inches, marked 1849,-4 – 03, in mound of stone; Thence fourth course, south sixteen degrees thirty-three minutes west one thousand four hundred fifty-one and two-tenths feet to corner No 1, the place of beginning; the survey of the lode claim, as above described, extending one-thousand four hundred fifty and nine-tenths feet in length along said Octroon [sic] No. 3 vein or lode;
Beginning, for the description of the Nellie lode claim, at corner No. 1, identical with corner No. 2 of said Octoroon lode claim, also marked 1849 – 1 – N, from which said closing section corner bears south sixty-eight degrees five minutes west one thousand nine hundred twenty-three and five-tenths feet distant; Thence, first course, south seventy-one degrees twenty-tour [sic] minutes east two hundred ninety-three feet to a point from which discovery shaft bears north fourteen degrees forty-six minutes east five hundred forty-one and five-tenths feet distant; five hundred eighty-seven and eight-hundredth feet to corner No. 2, a sandstone 24 x 9 x 6 inches, marked 1849 – 2 – N, in mound of stone; Thence, second course, north fifteen degrees east one thousand four hundred forty-nine and six-tenths feet to corner No. 3, a limestone 24 z 9 x 6 inches, marked 1849 – 3-N; Thence, third course, north seventy-one degrees twenty-four minutes West six hundred and one-tenth feet to corner No. 4, identical with corner No. 3 of said Octoroon lode claim, also marked 1849 – 4 – N, with mound of stone; Thence, fourth course, south fourteen degrees twenty-nine minutes west one thousand four hundred fifty and seven-tenths feet to corner No. 1, the place of beginning; the survey of the lode claim, as above described, extending one thousand four hundred fifty and two-tenths feet in length along said Nellie vein or lode.
Plaintiff seeks the establishment of their estate in fee simple in and to the Property against the adverse claims of the Defendants; and each of them, and everyone claiming by, through, or under them, be barred and forever estopped from having or claiming any lien upon, or any right, title, or interest in or to the Property adverse to the estate of Plaintiff; that the title of Plaintiff thereto in fee simple be forever quieted and set at rest; and that Plaintiff has judgment against any Defendant who may appear other than by disclaimer. You are required to file with the Clerk of the Court of Bernalillo County an Answer to Complaint or a responsive pleading, by the 10th day of April, 2020, or judgment or other appropriate relief may be rendered against you by default. Charles L. Davis, whose address is 3500 Comanche, NE Bldg B, Albuquerque, New Mexico 87107, and whose telephone number is (505) 881-9060, represents Plaintiffs Max Evans and Pat Evans as co-Trustees of the Max and Pat Evans Revocable Trust, u/t/a January 7, 2013, in this matter.
WITNESS the Honorable Judge Beatrice J. Brickhouse, District Court Judge of said Court of the State of New Mexico and the Seal of the Second Judicial District Court of said County, this 2/20/2020 day of February, 2020.
JAMES A. NOEL
CLERK OF THE DISTRICT COURT
By: /s/ Leanne LeCompte
Deputy Clerk
HCS Pub. February 21, 28, March 6, 2020

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