Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1869-11-20
ANOTHER SUIT AGAINST THE
EBERiIARDT.

Herman W. Fem, by his attornsy-iu-
fact, A. J. Leathcrs, has recently COM
menced m action in the District Court
to recover ore-fourth interest in tue
Eberhardt mine, aud damages ia the
sum Of three hundred and twenty-five
thousand dollars, gold coin. From the
complaint on file in the County Clerk 5
Office, we gather the following in rcla-
ton TO the character OF the claim set up
BY plaintiff: It is alleged that heretofore,
to-wit: On the first day OF January, A.
D. 1868, and for n long time prior there
to, the said plaintiff was the owner and
in the possession, and from thence hith-
erto has been the owner, and entitled to
the possession Of the undivided one.
fourth part or shars of that certain
quartz ledge and mining claim known
as tho " Eberhardi South" the same
consisting Of the southern or eastern
eight hundred feet of the Ebsrhardt
ledge, located January ;, 1868, AS APP
pears by tho records on page - OF Book
b, Of the Mining Records of White Pin
Mining District, in the names of w. Nc
Auley, F. Drake, j. W. Crawford and f..
K. Sproul, but originally located about
the 9th day Of December, 1861, in the
m Of w. McAulsy, f. Drake, j. w.
Crawford and Herman W. Fem, the said
plaintiff, the said ono-fourth part or
share consisting of two hundred undi-
vided feet OF the said ledge and claim
known as the Eberharit South. That
whilst the said plaintiff was so the own
or and in tb- possession of the sad
ledge and claim, said defendants on, to-
wit, the Sd day OF J,nuary, 1868, wrong
fully and u~ulawfGliy entered into and
upon the same, ousted and elected said
plaintiff therefrom, and have ever since
in like manner withheld, and still do
thus withhold the possession Of the
same from said plaintiff to his damage
in the sum Of twenty five thousand dol
lars. Plaintiff further alleges that since
the entry aud custer above charged,
defendants have extracted and removed,
and still are extracting and removing,
from said ledge and claim, known as the
Eberhardt South, large quantities OF
silver-bearing ore and rock OF great
value, and have converted, and are sun
converting. the same to their own use,
and hat " tue tme u 'us ou''S
aud custer aforesaid, and the commence
ment OF this action, the said defendants
have extracted from the said ledge and
claim, and converted to their own use,
the sum Of 81, 200, 900 in gold coin
Wherefore plaintiff sues and pray' Judg-
ment againH said defendants for the
restitution and possession OF the said
undivided two hundred feet OF the said
quartz ledge and mining claim, known
n, tho E~berhardt South, and for S25, 900
damages for the said wrongful aud uu-
lawful custer, and Withholding the same
from said plaintiff, for $500, 900 in coin
Of the money Of said plaiu,if taken
by said defendants aud converted To
their own use from said plair:iff', share
aud interes, in said ledge and claim, aud
for his costs Of suit, aud for such other
and further relief as may be proper.
Defendants in their answer deny NIL
OF the material allegations of the com
plant. Ashley & Hupp are attorneys
for plaintiffs, aud Aldrich < Wren and
CARRIER 4 Thornton for defendants. The
case has not yet been entered on the
calendar, and will probably not come
on for trial before the next term Of
Court.-Iniand Empire, lsh.