The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-11
OBBYHORSEOWNERS
Bring Their Troubles Into the Court
for Settlement.
ALL DEER LODGE FEAsTED
Colonel Aylesworth Was the Host
Deputy Brennan IL on the
Road TO Reoovery-Notes
and Personals.

Special Correspondence of the Standard.
Deer Lodge, Dec. "a suit has been
commenced in the district court which
involves the famous Hobby Horse
mine, situated ON Ogden mountain near
Helmvflle. This property h q gold
proposition and ID conceded to be one
OF the richest In Deer Lodge county.
1t was CLOSED down a short time ago
ON account OF differences arising among
the owners as to the best methods TO
be employed for the successful working
of the property. The suit II brought
by ]. z. Marcum, Kate Marcum, I. A.
Lennon, ]. N. w. Bielenberg, N. j..
BielenIberg. 8. e. Larabie, Julia W..
Lar,abfe Conrad Kohrs, Augusta Kohrs,
H. H. Zenor, Helen Zenor. M. w.
Trask and Augusta Trask. The de-
PENDANTS ITO the suit are Samuel Taylor
and Anton Tedson.
The complaint filed in the case goes
on and recbtes the different interests
held by both plaintiffs and defendants
and also states that there are no liens
or fncumTbrances on the property or
any part thereof, appearing on record,
and that no person other than the
plaintiffs and the said defendants are
or otherwise. That the interests of the
PARTIES are go small that said real
property could not be divided between
said owners satisfactorily. and that
said tracts are so situated and OF such
a character that PARTITION thereof can
not be made without great injury and
prejudice to the rights of the owners
thereof. And further that In the month
of November, 1895. the said defendants
above named went upon the mining
property described in the cause of ac-
tbon, and without the consent or per-
mission of plaintiffs, all actively en-
gagged and employed In mining in and
upon the said premises and extracting
ore from the same and removing The
same and still are excavaftng in and
upon the said premises, thereby frre-
paralbly damaging and tnJuring the
premises; that defendants threaten to
and intend to continue to work and
mime for their own use and benefit, and
extract ore from said premises and re-
duce the same to gold bullion, and con-
vert the same to their own use; that
said defendants refuse to account for
said proceeds. and are working and
using said mining premises contrary TO
the directions OF plaintiffs. That said
defendants have no other property
than their interest IN said claim set
forth in the complaint. and unless they
are restrained from extracting the ore
from the said ground that the said
mining claim will became valueless.
Wherefore the plaintiffs demand an in
junction restraining the defendants
from mining in OF upon said ground
minerals therefrom, pending the deter
mination of the action, and the parti-
fion or sale of the property; also for
an accounting of all ores or bullion
taken from said mining property by
defendants. and for the partition of the
III -. al
property according to the respective
rights OF the parties hereto, and II a
partition cannot be made without ma
teIdai injury ITO those rights, then for a
sade of all of said property, and a d.
vision of the proceeds between said
parties according to their rights, after
tine payment of the costs of this action,
the costs of reference and counsel fees
expended by plaintiffs, and such other
costs as may be necessary in carrying
out the decree of the court, and for
such other relief as may seem equita-
BILE 30 THE court
The McBurmey house, the cornnlodi-
Gus hotel presided over by the genial
and portly Col. w. N. Ayleswortih, pre-
scented an animated scene last evening.
The occasion was am Opening" given
by the proprietor to mark a new era
I'm the service and the accommodates
afforded Its guests. For several weeks
rhe house has been In the hands OF
carpenters and decorators, and last
evening saw Ut transformed into "a veri-
table paiajce. The tables We're loaded
down with all the dellcacies of the
season, and Ut Is safe to say that hall
of Deer Lodge partook of a feast ftha,
was never excelled i'm this section. A
little incident occurred during the
evening that Threatened for a while &c
mar the pleasures of the occasion. blu,
was happily averted by the presence ut
mind of the host. Some of the colonel's
admirers who attended the dinner
Thought that he had shown a decided
preference for Missourians by giving
prominence to their favorate dish
''possum," on HIS bill of fare. He, how
ever. managed to square himself by
calling the attention Of the committee
who waited ON him. to the absence Oh
persimmons on the card. This explana-
rJon was entirely satisfactory and the
rest of the evening was round after
round of pleasure.
Judge Brantly left yesterday for
PhiripSbrrg, where he will open the
December term of the district court OF
Granite county to-day.
DIR. A. H. Mitchell and George 8. MIL
Ter made trip to the mines at Frs
Chance yesterday. returning on the
late train.
Deputy Sheriff p. 8. Brennan, who
was assaulted in the county Jail last
Friday night. is Improving rapidly al
the hospital. He expects TO be back &c
this duties in time to nurse his assafl-
amt, Cyclone Bob" for a week at least
Sheriff Fitzpatrick left this morning
on official business to Helmville.
Cut His Cheek.
Merton Anthony sustained a bad cut
in his cheek by an axe white working
at NH Creek Monday afternoon. The