Arizona weekly miner., 1876-06-09
Cole VI. Bean and Bean.

i Our space will not allow US to go mucl
 into details in noticing this case which oc
 cupied the entire time of the District Cour
 lastweek, from Monday morning until Frida!
 night, with strong array of legal talent oI
 each side. Rush & Wells, Hargrave ant
 Alsap had charge of Coles intersets, ant
 Howard, Masterson, Goodwin and Pomro! those of Mir and Mrs. Bean. Most of oul
 Arizona readers have doubtless heard of tn.
 case, and understand the positions taken by
 the parties to the suit.
 Cole as one of the owners of the Peck and
 Occident mines, soon after their location
 went on big spree, was squandering h'
 portion of the proceeds. deeding away DOT tions of his interest to lewd women of the
 town, giving orders to others of the same
 class on H. Asher & Co.,, for unlimited
 amounts, etc., whereupon the other mem
 bess of the Peck Company sought to have
 him arrested, guardian appointed, etc.
 when he appears to have sobered up on the
 9th of November, and upon realizing his
 position and what he had done was filled with
 remorse, relented, repented, and, for some
 purpose or other, made deed of his re-
 maining interest to Mrs. Mary M. Bean, wife
 of Curtis c. Bean. Something like month
 later he became dissatisfied and through
 John A. Rush his Attorney demanded of
 Mrs. Bean that she re-decd the property
 back to him, this she refused to do and this
 suit was brought by William Cole against
 c. c. Bean and his wife the plaintiff alleging
 in his complaint that c. c. Bean, with the
 knowledge and connivance of his wife con- spired to debauch the plaintiff by causing him to become drunk in order that they might by fraud extort from him his interest in the Peck and Occident mines, and that while so drunk, as aforesaid, did prevail upon him to make and execute the deed in ques- ton. To this complaint the defendants an- swered that the deed was an absolute con- veyance of the property made for valuable consideration to-wit, about the sum of $5,- 900 in money already drawn and debts as- sumed for which Mrs. Bean became liable to the Peck Company. We do not pretend to state all the points made in either of the pleadings as we write only from memory, of what we heard in the Court house during the trial, and only give the more salient fea- lures of the case as they impressed them selves upon us at the time- X large num- Der of witnesses were examined on each side and after able argument by Alsap and Rush for plaintiff and Pomroy and Masterson, for Judge Tweed took the case un- der advisemens on Friday evening and inti- mated that he might reserve his judgment until the next term of the court, but on morning. having fully determined all the issues he delivered his opinion in which he remarked from the bench that the plaintiff had utterly failed to sustain the al- legation of conspiracy or fraud in procuring the deed, as charged in the complaint and also that they had failed to show that Cole was drunk at the time of making it. The | facts found by the court as enumerated in the decree are, briefly, that from October 22d, to November 5, 1875, the date of the deed, | Cole was on a debauch, his reason impaired | md in danger or squandering his property md deeding it away to persons objectiona- ,le to the other members of the co-partner- hip. That at the time of making the deed, O Mrs. Bean it wa. not regarded by either 'arty other than to protect Cole and prevent jim from deeding to objectionable parties, nd to secure the owners of the mines in what Cole owned them at that date. He fur her found that Cole is now sober, and no Onger in danger of fooling his property way and that the deed is mortgage or deed f trust
 The judgment amounts to about this: he deed is adjudged to be a mortgage to ecure the payment of any indebtedness of laintiff to the partnership, has no other legal fleet, and is invalid for all other purposes.
 Defendants have given notice of appeal, neither from the judgment of the Court, or s rulings in the progress of the trial, we ave not been informed, except as to one oint which weheard discussed by parties for defendants and that is that in- 'much as the pleadings were silent on the lbject af trust deed or mortgage, there ire the Court erred in deciding that it was a mortgage, or in other words that the find ( gs and judgment are in no wise responsive (
 the pleadings, and seem to have been t ade without reference to either complaint I answer. Some fears have been expressed at the Court would grant an injunction hich would stop the operations of the 'mpany to the manifest injury of the hole country, but so far as we have been c lie to learn nothing so unfortunate is or :. s been in contemplation. The report, which was current on the 'eet on Wednesday morning, that the c. !, A Co | U