The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-09-12
A LAND CASE.
Richard Jockey Will Appeal his Case to
tho District Court

Richard Jockey Will Appeal his Case to
tho District Court
Judge Fleischer rendered decision in
the land case of George B. Foote against
Richard Jockey yesterday morning, on the
motion Of the defendant for judgment on
the pleadings, the decision being against
the defendant, who has given notice Of an
appeal to the district court. The case
grows out of the lot jumping craze which
created an excitement in the spring of 1877
in Helena that lasted for several days. The
land involved in the present litigation is
lots one, two and three in block "A Of the
original townsite of Helena. The defend
ant claims that he bought tho property in
1880 at sheriff's sale, and about month
after the statutory time had gone by in
which to redeem he procured the proper
certificate of his title to the property.
Since that time he says he has paid the
taxes on the property and had never been
short time ago when he commenced to build.
At this time the Plaintiff commenced pro-
ceedings in Judge Fleischer's court for
forcible entry and detainer. The evidence
on the part. of the plaintiff was given in be-
fore Judge Fleischer, but the defendant did
not introduce any testimony, preferrinR to
appeal from tho decision of the Judge in
overruling the motion for non-suit.
The lot-iumping excitement, out of which
this case grew, commenced about the 18th
Of May. in 1877, on Lawrence street, be-
tween Main and the Central school build
ing, creating buzz and hum in real estate
circles that extended from Germantown to
the Hot Springs addition. George B.
claiming 9 to act for CERTAIN o claim
Lawrence street extending about 300 feet
on the front and 100 feet back. The late
John Ming, who arrived on the scene to
claim some Of the spoils, was driven
off by Foote and Harry Thale, his
assistant. better known as Bloody Knife"
creased, lots were fenced all over the old
townsite from the slope of Mount Helena to
DRY Rulch. The lumbermen did thrivin &
business and the lawyers looked on COM
placently. One of the amusing incidents
Of the craze was occasioned by Nei! Vawter
part Of the city to fence some lots he had
long owned. The truckman unloaded the
lumber ON some of @. w. Cannon's lots,
and jumper came along, picked out Vaw-
ter's lots, stole his lumber and proceeded to
erect fence on them.
Inc CEACb lkSWulCA uuc1o AOt0 WOI0 JO1ARcAS
known as the original townsite of Helena, is
a tract of land of;16O acres patented in trust
to the probate judge of the county, under
the United States townsite statute.
Under the law such tracts are sur
veyed into lots and sold to
actual occupants upon affidavit of
occupancy, at the rate Of $40 each, and 81
for the deeds. The probate judges deed ia
a mere quit-claim. 1t is claimed that oc-
cupancy and improvements are essential to
title, as in every other instance where the
government parts with its ownership of
land. In the case of the Helena townsite,
considerable blocks of land went to individ-
ual owners without regard to improvements
or occupancy, and many such remained un-
improved and unoccupied at the time. It
was such lots that were jumped and fenced.
Affidavits of ownership and possession were
filed by the jumpers and deeds were issued
them by the probate judge, without regard
to who else may have had a prior deed of
like import covering the same ground, the
affidavit being sufficient warrant for the
conveyance.
In a few days the probate judge ceased Ia
issue deeds and the reign of lot Jumping
was about over. Toward the end Mrs.
Howard rendered valuable assistance in
bringing the realty market to its normal
condition by putting Bloody Knife" and
his crew to flight with gun.