Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-11-24
THE DESTROYING ANGEL SUIT.

An Important Legal Controversy to the
Title of Property Lying South of Park
Street.
The trial of the suit OF George C. Fitchen
and others against John D. Thomas and
others, to compel the latter to fulfil an
agreement entered into January Is, 1884,
was begun in the District Court yesterday.
The agreement was between John D.
Thomas, John P. Reins and William Fl.
Archer and j. G. Singer. A. II. Barrett, Chris,
Jacky, Robert NJ. Renshaw, John Morris,
G. H: Smith, James Thompson, J; F; Beck,
Godfrey Lowell, Thomas Lavell, George
Woodwork, j. r, Wade, j. j. York, Ehret
Brothers, Simon Hauswirth, Frank Quinn,
R. III. Kleinschmidt, Howard and Bernard
and Ross Dugan. 1t recited that Thomas,
Reins and Archer were owners OF the De-
~stroying Angel lode lying south OF Park
street and including much of the property
on the south side OF the street, and
Singer and the others claimants OF
part OF the surface ground of the said lode
as town lots; that Lee Mantle and Others
had commenced a suit against Thomas and
the other two owners of the Destroying
Angel lode, as well as the surface owners OF
the town lots, to eject them therefrom,
claiming title to the same by the name OF
the Diadem lode claim. 1t further recited
that Singer and the other surface owners
had contributed money and given it to
to carry on suit against Lee Mantle, and to
defend the same for the benefit of said sur
face and lode owners In consideration Of
which thomas, Reins and Archer
thereby agreed that, in case they
should be successful in the suit against
Lee Mantle they were to convey to Singer
and the others such part of the surface
ground of the Destroying Angel lode as they
claimed as town lots. In addition, they
agreed b a in case any part OF the Destroy
ing Angel surface ground remained after
making the said co%nveyances to Singer and
the rest, claimed as town lots, they would
convey to each OF them his share of the re-
mainder in proportion to the amount on
tributed towards the costs of suit.
Thomas, Reins and Archer were success
ful in the suit against Lee Mantle
and others, but Thomas and Reins
to deed to Singer and the rest their title to
the surface lots OH the Destroying Angel
lode. The amount contributed to defend
the suit brought by Mantle was $14SS.53.
Several Of the parties to the original agree
ment transferred their interest to others
who are now plaintiffs in the suit to COM
pei Thomas and others to fulfil this agree
ment.
Thomas and Reins are the only two de-
fendants in the action and their defence is
that the agreement was to convey only
such lots on the Destroying Angel. lode as
were included within the exterior bounda-
ries of what was known as the Diadem lode
claim, which was inside of and formed O.
part OF said Destroying Angel lode claim.
That when Lee Mantle and others
brought their suit July 81, 1882,
to eject said parties it was
from the Diadem lode alone, and that con-
sequently the agreement made by Thomas
and Reins verbally with Singer and the rest
was to this effect only. The Diadem lode
is included within the boundaries OF the
Destroying Angel lode and is much smaller
than it. That on January 10, 1884,
Singer and his oil the surface
town lots desired the agreement reduced
to writing, to which Thomas and Reins con-
scented, and that through a mistake of the
attorney who drew up the instrument, it
was made to include the Destroying Angel
lode instead OF the Diadem lode, which mis-.
take Thomas and Reins did not observe.
They assert they never intended to include
any but the ground in controversy with
Lee Mantle anO were perfectly willing to
perform the agreement on the original un-
Outstanding.
Fitchen and the other plaintiffs in this
action deny the existence OF n verbal
agreement to convey to them only surface
title to the Diademlode, but that all verbal
agreements before reduced to writing were
for surface titles on the Destroying Angel
lode. They also deny that any mistake was
made by any attorney. They admit
that the assessments We're made only on
the property included within the limits of
the Diadem lode, but assert that the
Destroying Angel lode was located by
Thomas, Reins and Archer for the benefit
OF the occupants Of the Diadem lode claim
and in trust for such surface owners as
should contribute to the defense of the
ejectment suit OF Lee Mantle and others.
Knowles & Forbis appear for the plain.
tiffs and Robinson & Stapleton for the de.
fendants, Thomas and Reins.
The introduction of testimony was be-
gun yesterday afternoon, but as the case
is an important one it will likely consume
a good portion of to-day in the hearing.