Sierra County advocate. [volume] (Kingston, N.M.) 1884-1960, 1888-01-07
A MINE MUDDLE.
A PIcNIc WHEREIN LAWYERS Will EAT
AT THE FIRST TABLE.

The chancery suit Of j. j. Avery and
others versus Moses l.. Mead and others,
came up for hearing before G. G. Posey,
special master, ON Tuesday. This
is case Of more than ordinary interest
because of the fact that $50, 900 il involy-
ed, which amount is now held by the
lercha Bank OF Kingston, as trustee, for
the use and benefit OF such persons as the
court may decree Shall be entitled to the
funds. The bank has given one OF the
very best bonds, perhaps, ever given in
the territory, for the safe custody Of the
money.
The fund ia tho proceeds of the sale OF
the Bismarck, otherwise called the Grey
Eagle mlne, near Kingston. Moses L.
and William Mead claim, sme aline as the
Bismarck location, whAle Avey Stacy,
Ruth and their grantees claim il az the
Grey Eagle. A suit in ejectment was or
iginally commenced by McComas & Sloan
attorneys twho have since died), in be-
half of the Meads against the Grey Eagle
claimants for the recovery of the proper
ty. Before the final determination, as
stated, McComas was killed by Indians
and Sloan shortly afterwards departed
this life also. During the life of McCo-
mas and Sloan, a deed was given them
by the Meads calling for one-fourth inter-
est in the Bismarck property. After the
death of counsel, John ] Bell and X. o.
Barrett, who were then law partners,
were employed by the Meads " the case.
The compainants, Alvey, Stacy and 9TH
ers claim in their bill of complaint that
before the case ,,was finally determined,
they entered into contract with the
Meads by which they were to relocate
the property, settle their litigation and the
contending parties take one-half each.
The eomplainants ask that one-half the
proceeds be decreod them and their gran
tees by virtue Of the contract.
J. A. Whitlach bought the mine about
six months ago, paying into the bank
$4,000. All Of the contending parties
made him good title and agreed to law
over the fund instead OF the mine.
Judge Bail and John M. Wright, as
counsel for the heirs Of McC Comas q Sloan,
demand one-fourth Of the fund. Bell Il
Barrett demand one-fourth under their
deed. Robert P.,Bledsoe, by p. T. Col
by, his counsel, claims one-third out OF
any recovery in favor of Sloan's heirs, un-
der an alleged contract he had with Sloan
TO assist in getting up witnesses, paying
their expensesf etc, in the original trial.
Vim. Burns, by A. II. Harlee, his coun-
sci, also makes a similar claim against
the heirs Of McComas 4 Sloan. The firm
Of Pickett & Elliott claim one-fourth OF
any recovery had by Alvey and Others un-
der an alleged contract they had with
them as their counsel in the original case.
Several others claim various portions of
the fund as purchasers from the original
parties to fractional interests in the prop
erty, whose rights Of recovery will depend
upon the recovery Of their principals
The Meads claim the whole of the fund,
denying any and all contracts Of settle-
ment except that they admit they owe
the heirs of McComas & Sloan $1,000,
which sum they have rendered, etc. They
They claim they made settlement with
counsel for the heirs for that sum. They
repudiate the services of Bell 4 Barrett,
claiming that they were derilect in the
performance Of their duties as attorneys,
that they failed to render any services for
them and acted in bad faith, ETC., and
were compelled to employ other counsel.
As near as can be learned the following
are counsel. in the case John ID. Bail,
John M. Wright, Idus L. Fielder, Her
bert Fielder, John j, Bell, Robert o.
Barrett, Judge G. f. 'Moorman, j. B.
Woodward, A. II. Harllee, ?. T. Colby,
H. l.. Pickett, A. b. Elliott and w. b.
Childers for the bank.
The examination has been in progress
all Of this week, in Tdus Fielders office.
From the immense number Of witness
es to be examined it is anticipated by I
! y many that this will be repetition OF
the old case Of Jorndyce against JorndM@.
and may be finally settled in the u
generation when the money will all II
been exhausted. in litigation.