The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-06-04
CHARGES OF FRAUD.
Richard Tyner Says He Was Buncoed
Out of His Mining Property.
e. j. Dimmick, p. A. HI. franklin and
Others Accused of Working the Game
Fraudulent Issue of Stock.

An important ssining suit was COM
menced in the First district court yester-
day, and there are some unusual features
about the case, as serious allegations OF
fraud are made against e. j. Dimmick,
P. A. H. Franklin and other well known
Mining operators.
1t seems that Richard Tyner, was prior
to April 26th last, part owner in the
Fairview and Tideview mining claims in
TinJic district, which P. A. II. franklin,
Edward j. Dimmick and their associates
were DESTROYS OF purchasing in order
to form company. Negotia-
tions were carried on for some time,
but Tyner, who it appears had great
faith in his claims, refused to sell his
entire interest, and in November last it
was agreed that he should convey to
Dimmick one-half of his interest for
81, 600, and that further arrangements
should be made whereby he was to re-
ceive stock in the corporation for his re-
naming interest. A deed was made out,
il is alleged, and placed in escrow, but
the money not being forthcoming, the
deal was declared oil.
In February last, the complaint goes on
to state, the negotiations were renewed
and the same terms were agreed upon, a
new deed being placed in escrow. Tyner
alleges thatethe negotiations were carried
on by him with Dimmick and E. F.
O'Brien, in whom he had implicit conf
dence, and the deed which he was in
duced to execute, instead of conveying
one-half of his interest in the CONSOLE
dated ground, ve-twelfths, actually con-
Veyed mis- entire interest and two-twelfths
more than he really owned. Tyner ex-
plains his mistake by showing in the
complaint that he was weak and much
confused in mind by reason of long and
con 5inued use of intoxicating liquors, and
unable to make proper calculations, in
addition to which he relied implicitly
upon Dimmick and O'Brien.
This second deed rema lned in escrow
until April 20, when, the complaint al
leges, Dimmick represented that he was
anxious to proceed with the lncorpora-
ton, and Tyner allowed him to take the
deed, with the understanding that $500 of
the purchase price should be paid as soon
as the title could be perfected.
On April 26 Dimmick had the deed re-
corded in Juab county, and few days
later ne conveyed his interest to the Fair
view company, the articles of incorpora-
ton of which had been previously filed.
The incorporators were: Franklin, DIM
mick, Christian Treider, P. j. O'Brien
and E. f. O'Brien, the plaintiff not even
being included among the stockholders.
Not only this, but he has never been paid
for the half interest which the Incorporate
ors agreed to purchase.
He shows to the court that the incor-
poration of the Fairview Mining COM
pany has never been completed, and al
leges that it has no capacity to hold
property, hence the title is still in Dim
mick, still, as the deed filed by Dim
mick was intended to convey the title to
the company, he brings this suit against
both that individual and the company.
The plaintiff prays that Dimmick be re-
quired to convey to him an undivided
fve-twenty -fourths interest in the con-
solidated ground; that the deed obtained
by Dimmick from plaintiff be cancelled ;
that the defendants be perpetually en-
Joined from asserting any title to the
plaintiffs undivided five-twenty- fourths
interest in the consolidated ground, and
that he have judgment agrinst Dimmick
for $500 and interest.
G. S. Varian is the plaintiffs attorney.
Although the incorporation OF the COM
pany is alleged to be incomplete, it is
stated on good authority that the incor-
porators have already issued stock and
are putting it on the market in the east,
50, 600 worth having been disposed of in
Chicago by Franklin.