Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1884-01-04

trict. Of Idaho Territory in and for the County
J. P. Mothewe,l.\
:: ::$.' ;$';;'' :'' '''''''
Fran. r.ylo,,
K.K williams. D''@A''n'''
lh's acton came oil regularly for
trial before the Court without iurv
on the Sth day of November, 1888 +.
Ganahl, Esq, and l.. Vineyard, ESQ.,,
appeared as attorneys for the plain
tffs, and Jas. Fl. Beatty, Esq, and
Hoge, Esq, appeared as attor-
neys for the defendants; and the testi-
mony and proofs of the respective
parties having been heard and the
cause having teen argued by the at
torneys of plaintiffs and defendants,
the Court took the same under adj
visement; and now, after due consid-
Grafton of the pleadings in said cause,
and of the said proofs and arguments.
find thereupon the following facts:
That this action was commenced in
this Court by the filing of the COM
plant and the issuing of a summons
thereon, on the 25th day Of July, 1888.
That thereafter said defendants duIv
appeared and filed their answers to
said complaint.
That, on the 3rd day Of June, 1882,
SAID plaintiffs discovered and located
the Davitt Lode mining claim, situate
on Deer Creek, in Mineral Hill Mining
District, Alturas county, Idaho Terri.
tory, and thereby became the own
ers thereof, except as against the
United States, and except as against
any valid prior location of the same,
or any part thereof by others.
Nv.
That, in the month of May, 1881,
the Far West mining claim was To-
Gated and claimed by one Joseph NJ,
TAYLOR, and one Stephen Mulveyhill,
and the said "tar Vest mining
claim as located by them, embraced
and included the greater portion
nearly all of the ground subsequently,
located as the Davitt mining claim by
tho plaintiffs as aforesaid.
That ut the time Of the location of
the said Davitt mining claim by the
plaintiffs the said locators of the "Far
West" mining claim still claimed the
same, and asserted title thereto and
the right of possession thereof, and
continued SO to do until on or about
the 18th day of August, 1882, when
the said Joseph NJ. Taylor, one of said
locators, bargaincd away and sold his
undivided one half interest therein as
hereinafter stated; the said Stephen
Mulveyhill continued to claim and
hold his undivided one half interest
in said Gar West" until a later pc.
Rod.
That about the LIST day of August,
1882, the said plaintiffs learned for
the first time that portion of said
Davitt Lode mining claim was claimed
by said prior ''Far West" Lode min
ing claim, and by said Joseph NJ. Tav-
lor and Stephen Mulvcyhll as the To-
Gators thereof.
That, on and about the 9Th day of
August, 1882, said Davitt Lode min
ing claim, if free and clear of the con-
tl'ctlng claim of said Joseph NJ. Tay.
lor to one.half interest in that nor
ton thereof, embraced in the 'Far
West" location; OH account of the
extent and richness of the orc-bodv
IN sight therein, including the ores
heretofore extracted therefrom. and
then being on the dump and in the
tunnels and shafts thereof, was of the
value of at least $4,000.
VII.
That, on or about the I'd day of
August, 1882, the said Joseph NJ. Tay-
Tor, one OF the claimants Of the ''Far
West" mining claim came upon
ground covered by said last named
claim and location and within the ex.
terror lines Of the said Davitt Lode
mining claim and location, for the
purpose of working, and was driven
off by the plaintiff, Patrick Flynn.
TX.
That within few days thereafter,
viz: on or about the 9Th day of August,
1882, said plaintiffs and the said de-
fndant, Frank Taylor, entered into a
mining partnership in the said Davitt
Lode mining claim, by the terms of
which partnership, and of the agree
ment relating thereto, said defendent,
Frank Taylor, was to share and share
alike in said Davitt mining claim with
the said plaintiffs; that the said Frank
Taylor under said agreement took
charge OF said Davitt mine as superin-
tendent thereof, managing the sales OF
all ores previously as we'll as sr!,se.