The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-06-16

salt to Recover Possession OF Interests
Claimed.
suit to secure title to number Of min
ing claims was entered YESTERDAY In the
United States court by Donald Ferguson,
the well known mining man, the defend
anita being George ID. MarkIe. E g. Ne
Fariandand Henry Rastin. OF Portland.
The property involved Is the Arizona. lit
tie Boy. Grey Eagle. Golden Gate, Black
Bear. Iyee. Mountain, half interest ia
the Upper Side and Buzzard and . one
third interest in the Summit mines, all in
OksnogaR county; the stemwinder. Sierra
6randes Ontario. Greenland, Iceland.
Aanitobs, Brazil and Berlin mines, all in
sksgit county; also options on the Blue
Devil. Black Warrior, CuItus, Crescent;
half interest In the Bnzzard and Upper
side and one-taird interest in the Wan.
pacca. all in Okanogan county Mr.. Fer
guson claims that the defendants seek 10
defraud him and wants one-fourth inter-
est in the claims conveyed to him.
Ferguson alleges that on November Is,
issl, the property was worth 500, 600, IN
dependent Of these contracts and options.
The amount necessary 10 secure title was
about $4,000, which be vas unable to pay,
SO he cold an individual two-third interest
10 i. w. Dunn and /. w. Getchell on con-
dition that they paid the amounts due I'M
der the contracts and options. They paid
$500. of which Ferguson applied 5000
on the contracts and expended the bal
ance In labor, etc. On June "A, 1892. Dunn
and Getcheli notified him that they could
make no further payments and that he
must protect his own interests Accord
ingiy he proposed to Markle to buy an in
terest, telling him the circumstances, and
on June 70. 1892. Markie, acting for
himself. Mcfarland aud /. b. Hammond,
prepared contract under which the
Claims were to be transferred to the North
west Loan and Trust Company as trustee.
! Markle and his partners we're TO advance
5000 due on July 1. and Ferguson and
Dunn we're to transfer two-third interest
to Markle and his associates on cond ton
that the latter paid them $1,000 on Octo-
Der |. 1892. and $4,000 on January /, 1898
Aarkle and his associates were to have the
right To examine the properties, test, work
and develop them and examine the title.
Ii they elected not to purchase they were
TO have the 5000 repaid by September 1,
1882, with 10 per cent. interest, and all
sums spent on examination and develop
ment. Ii Dunn and Getchell failed to re-
poJ Wis hoAc4 @1fhsc anu Ills lf&euuS
were TO be absolute owners of the property
and options.
Ferguson alleges that Markle agreed
with him that If he would get Dunn, who
was also acting for Getcheli, to execute
this contract they would give him I'm un-
divided one-fourth interest in the mines
free from all assessments; that in consid-
Grafton OF this agreement he got
the contract executed and decided
the property to the Northwest Loan
and Trust Company. About July l..
1892, Markle and his associates adj
vanced the $1,000 Hammond sold his
interest 70 Henry Rnstin. Then Markie
notified Ferguson, Dunn and Getcbel THAT
they had elected not to comply with the
contract and demanded repayment Of his
money. They were unable 10 repay, and
Markle with intent TO defraud them de-
clared the property forfeited to him and
his associates and treated il as such. For
this reason Markle and his associates
claim Ferguson has no interest in the
property, and to defraud him had 10
transferred to Rustin without considera-
ton by the Northwest Loan and Trust
Company, OF which Markle was president
while Rustin was his relative. Markie
also neglected TO place with the company
his agreement to give Ferguson q one
fourth interest. Rustin has refused TO
convey it to him and he asks TO have all
the parties ordered 20 answer and TO have
title TO a one-fourth interest confirmed TO
him held in trust by Rustin.