The Great Falls leader. [volume] (Great Falls, Mont.) 1888-1900, 1888-10-25

AL FALLS, MONTANA T
writing of letter so stating, and as t,
sale OF the said interest of the estate o
the said John H. Rogers, at public auc
ton in a full, fair, free and open marke
| with competitive bidding therefor 70,
two hundred dollars, and as to the yalu,
thereof were
WHOLLY FRAUDULENT AND FALSE,
and were so known to be at the time
they were SO made by him, the said de
fendant; but the said Mamie H. Jones
relying upon their truth and believing
them to be true, was thereby induced te
make and deliver, and did make and de.
liver the deed aforementioned to them
the said defendants, for the considera.
ton OF two hundred and fifty dollars.
And the plaintiffs further allege tha,
as to the said sale of said interest of said
estate at auction, the said defendants
combining and intending to preven,
competitive bidding therefor, and to de.
preciate the market value of the interes,
which the said Mamie H. Jones then re-
tanned therein, and to induce her to sell
the same for less than its true value, did
combine and conspire together and with
others to prevent the said property from
bringingits full or market value, and to
prevent the said sale from being free, fair
and open, and in pursuance of such COM
bination and conspiracy had given and did
give large sum of money, to-wit: The
sum of two hundred dollars.
TO ONE GRANVILLE STUART
In consideration that he would refrain
from bidding on said interest Of said es-
tate therein at said sale, which said
Stuart did receive and did refrain from
bidding pursuant to his agreement there
on for said consideration so paid, al
though he had to the time of such pay
ment to him of said money designed to
bid on the same a much larger sum.
And the plaintiffs say that notwith-
standing the said deed SO given by her
the said Mamie H. Jones for the fraud
aforesaid is void and of no effect, it is
nevertheless cloud upon her said title,
aud that by reason thereof the legal title
appears vested in the said defendants;
and that by reason thereof they are in
the exclusive possession of the said PREM
ises and property, and from the time of
the delivery Of said deed that the said
defendants have been in the possession
of said property to the exclusion of these
plaintiffs, and have been engaged in ex-
tracing large quantities of silver and
other precious metals Of great value to-
wit, of the value, as plaintiffs are in
formed and believe, of
ONE HUNDRED THOUSAND DOLLARS
aud more therefrom, and are yet engaged
in mining therefrom said precious metals
and threaten to continue 80 to do.
And plaintiffs say by reason of the
conveyance to the said defendants by the |
plaintiff, Mamie II. Jones. of her said
interest in said premises, which was prior
to the issuance of patent therefor by
The United States, the said William A,
Clark was enabled to and did apply for
patent from the United States for the
said premises in his own name and after
wards, to-wit, on the fifth day of Novem-
Der, A. d. 1878, did receive patent
therefore, by which the said premises
we're conveyed to him under the descrip-
lion following. that is to say being min
eral entry number 4ol, and being lot No.
30, in, and embracing part of, township
north, of range west of the principal
and containing 2and g. 100 acres
Ind described by metes and bounds in
laid patent, which is recorded in Book P
If deeds, on page 227, ct seq. of the rec
'rds of Deer Lodge county, Montana, in
he county clerk and records office of
aid county.
And the plaintiffs further say that the
plaintiff, Richard s. Jones, has an inter-
st as tenant by courtesy in and to the
aid premises and property, and that the
plaintiffs are entitled to the possession of
he undivided one-third of the said prop
rty so owned by him the said John H.
rogers at the time Of his decease and to
ne-third of the proceeds of the ores
AIKEN out of the same by the said defend
nts and to an accounting thereof.
SHE LEARNS OF THE FRAUD.
And the plaintiffs further allege that
eretofore to-wit: On the Goth day of
October, 1877, the said Mamie H. Jones
laving learned that her said agent had
ot advised or consented to said sale nor
'ritten the said pretended and alleged
Btter so advising and consenting thereto,
ut that the said representations were
alse and fraudulent, did then and there
escind the said deed and did then and
here cause the said purchase price of
aid interest to-wit: the sum of two
undred and fifty dollars to be rendered
ack to them, the said defendants, and
equest that they re-convey the said
remises back to the plaintiff Mamie H.
ones then being Mamie H. Rogers or
hat he re-deliver the same as fraudulent
A. A. ~ Il ~