Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-05-23
An Tmportans Mining Suit.

The Superior Court Of Ell Dorado county,
Placerville, George r Williams presiding,
has been occupied for the past thirty eight
days in the trial of the case Of Maraaret
Adams, administrative of the estate Of
Horace Adams. deceased, against O. d.
Lambard. for the possession Of the Mount
Pleasant mine, and for the proceeds there of
since 1874. The suit was commenced in
$780, but only brought to trial month and
half ago.
The action is one Of equitable iurisdic-
ton. but during the progress Of the trial
the Court called in q jury to pass upon
some special issues. which Courts Of equity
have authority to do as Of an advisory ma
ture. This jury, after hearing the testi-
mony upon the issues submitted, found IN
favor OF fixing the value of the mine at
! 1913, 600 and the products since 1873 at
| 100000
The mine originally belonged to Goss &
Lambard, who spent 100000 on the pur
chase and opening of it. Up to 1873 only
| 81 900 had been extracted from the mine.
| II was then abandoned for g while until a
discovery on the surface disclosed what
seemed to be valuable rock. Litigation
| was then commenced for the mine by
| other parties. In 1877 0. d. Lombard
The cost of litigation was something like
$4,000. Prior 20 all this, Horace Adams
claimed an interest under an agreement
| with Goss IL Iambard, and IL is upon this
| agreement that the adminstratrix now
seeks TO recover the mine and its products
| from 0. ID. Lambard. the pGtentee The
mine was sold for 833 900 by LambArd, but
plaintiff claims that he still holds an inter
est therein. The evidence establishes the
| original agreement i'll favor of Horace
Adams. The defense disclosed that the
entire products of the mine from 1873 to
1880 were $l590 600, as appears from the
mine books, kept by William league, who
has since died IL seems from the verdict
of the jury on the special findings that the
jurors did not consider these books in their
deliberations and conclusions as 10 their
findings
In 1873 Horace Adams became nsolvent.
and made an assignment of all his prop
ertv, for the benefit of creditors, to Albert
Galiatin. An inventory was filed of record,
sworn TO by Adams, showing q complete
and true list Of bis property ana assets,
which did not include the alleged interest
under the agreement to the Mount Pleas
ant mine Gallatin as assignee, took pos
session Of the assets, and after sale q diyi-
dcnd of Is cents on the dollar was declared;
this WAS paid the creditors. Then came
another dividend of u 900 shares of North
Fork mining stock, which was apporConed
to the creditors in proportion to their re-
spective claims. This was, however, of
little or no value. Another dividend Of Is
cents was declared.
This evidence was admitted by Judge
Williams pro f0-taG and subject to the OBJ
| iections of plaintiffs counsel that it is in
admissible under the pleadings and is a
! IL.
counsel for LanbarG urge that this assign
ment shows that under no possible theory
can the plaintiff assert any claim as the
| representative of Horace Adams. That if
the estate of Horace Adams has any inter
est in the mine under the agreement, the
assignee should take it for the benefit of
creditors. That Horace Adams, by the oath
attached to his inventory, declares that he
had no claim or interest i'll the Mount
Pleasant mine. There was an immense
amount of testimony taken, two steno-
graphic reporters being engaged for thirty
eight days. The reporters fees will aggre-
gate 81 500.
On Wednesday night about u oclocl,
the case was closed. as far as the testimony
was concerned, and the arguments will
take place some time in June. Counsel ior
Lambard before the adjournment of the
Court, filed motion 10 set aside the YER
diet of the jury on the special findings,
whereupon the Court remarked, What's
the necessity for sucn motion2"
During the litigation the following
named attorneys have appeared Blanch-
ard & Irwin and Fox & Kellogg, for the
plaintiff; George Cadwalader, Carpenter &
Carpenter, W. G. Belcher and w 4. Ander-
son, for defendant.
There has been much interest manifested
in PIacerville over this case, til Court
room at all times being crowded. Mrs.
Adams has been present each day a deeply
interested party as we'll as observer. The
legal sparring that has occurred during this
trial has been spirited and many hard
blows were given and taken by both sides.
admit of but little sympathy for any one.