The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-27
STRAIGHTEN IT OUT
A Sale and Partition of the Mountain
Chief Asked For.
SlLAS KING BRINGS ACTION
Interests In the Property Convened
and Reconveyed Until There
Are Many Coowners-An
important Suit.
SlLAS KING BRINGS ACTION

a number of coowners in the Mountain
| Chief mine for a sale and partition OF
the property and to restrain the Mon
| tana ore Purchasing Co. from working
| the mine. The defendants named in the
| complaint are Arthur L. Heinze f.
Aug. HeinZe, the Montana Ore Pur.
chasing company, p. A. Largey, George
| w. Tong, Henry Brundy, w. A. Clark
| j. Ross Clark, j. &. Robinson, George
| w. Stapleton, w. w. SHETLAND. Jphr
| O'Rourke, A. ]. Davis, ID. N. Upton
| William G.. Pfouts, the First National
bank, Mary Hamilton and the It. s
| Hamilton estate. The complaint alleges
| that King owns a third interest in the
mine and that Arthur p. Heinze owns
| four-ninths, and is now In possession OF
| II. Heinze acquired his interest from
| d. N. Upton and A. ]. Davis. but the
deed has not yet been recorded, and Is
now in possession of the First National
bank, and, although APPARENTLY the own
| ers of the four-ninths interest, the de-
PENDANTS, Davis and Upton, have really
| no interest in the property.
The remaining two-ninths of the
claim stand upon the records in the
name OF William G.. Pfouts, but the
plaintiff is informed that such interest
In the claim was conveyed to Pfouts by
the late Thaddeus S. Hamilton and
his wife, Mary, in trust, as security for
u NNAtd SUM VI IHOHGJs winch mas
never been paid. Hamilton died on
March 1, 1894. and Pfouts is now ad-
ministrator for the estate. On Dec. II.
1894, Mrs. Hamilton gave a lease to
Charles A. Nuss on the two-ninths in
terest, and on Aug. 8, 1895, Nuss as
signed his lease to F. Aug. Heinze and
the latter took possession of the prop
erty and claims to have deposited in
bank for Mrs. Hamilton, the purchase
price named in the lease. being 1900
and is therefore entitled to a deed for
that interest in the mine. The two
Heinzes are officers of the Montana Ore
Purchasing company
George II. Tong and p. a. Largely APP
pear to hold a mortgage on the two
ninths interest TO the amount of 81 .6S4
and interest at / per cent from March
26, 1889. The First National bank has
mortgage Of $2.S30.25 on the same in
terest and also has a judgment against
ID. n. Upton for sl7391, VINO. with w
Ct. Pfouts, has been the owner of GER
tain interests in the property which are
the same that were decided to 4. y.
Eeinze. Henry Brundy also holds a
judgment lien of $l30.70 and another
for s2S.05 against the same two-ninths
interest above mentioned, and John G.
Robinson and Ct. w. Stapleton have
Judgment lien for $1,013.15. w. W.
SHETLAND has q Judgment which had
~
ton. and another for s119.30 against Up
ton. John c. Robinson has one against
Upton ION $57S.30; John O'Rourke one
against Upton for $2,37S.05. The First
National bank has attached the same
two-ninths interest on n suit against
Pfouts FOR $4,000. due on a note, and w.
a. Clark & Bro. have still another
judgment against the same interest for
$259.S7. All interests in the property
are subject to n B., A. q y. and Utah
Northern railway right-of-way.
The complaint says that there are no
other liens or membranes against
the property, so far as shown by the
records, and complains that the owner
ship OF the claims in common is pro-
ductive of great inconvenience to Mr..
King. AS the claim is largely valuable
for mining and is so situated that a
partition cannot be made without great
prejudice to the owners, a sale of the
property Is necessary and a sale and
partition of the proceeds is asked for,
together with judgment for costs and
counsel fees.
In a second cause of action the COM
plant relates that Arthur p. Heinze.
through f. Aug. Heinze and the Mon
tana Ore Purchasing company has for
several months past been mining and
extracting very large quantities of ore
of very considerable value from the
authority or consent from the plaintiff
and against his will. The defendant has
taken away and converted to his own
use all the ores mined by him and has
assumed and exercised exclusive own
ership and control over the premises,
and is mining without any regard to
the plaintiffs wishes and in such man.
ner as suits himself. He has shipped.
and is now shipping the ore wherever
he pleaSes without consulting the
wishes OF the plaintiff. BY the extrac-
ton of the ores, the defendant is de-
stroying the value of the common prop
erty and the plaintiff has no certain
means Of determining the quantity or
value of the ores being removed by the
defendant, as the latter and his repre-
sentatives have declined TO recognize in
any way any right or title of his to
the property. The defendant and his
company threaten to continue mining
the ground and converting the ore 10
their own use, including the plaintiffs
share, unless restrained by an order of
the court, and as the plaintiff has no
speedy or adequate remedy at law, and
believing that Arthur =. HeinZe Is in
solvent and unable to respond In dam
ages, the court is asked TO restrain the
defendant from working the mine dur
ing the tendency of the action.
William Scallon is Mr.. Kings attor-
ney. The injunction part OF the suit
comes under an important decision
made by Judge Speer in the case of the
Anaconda company against the Butte
& Boston in a similar suit over the
Wild Bill mine. which decision was last
Monday affirmed by the supreme court
The decision is OF far-reaching effect,
and is considered OF the greatest i'm
portance to mining men. as IL practical
ly holds that cotenant or the owner Of
n small interest In a piece Of property
has some rights which a larger owner
must respect. In the Wild Bill case the
Butte & Boston had been working the
property and contendcd that the Ana
conda company. which also owned an
interest in the ground. had a remedy
i'm a suit for accounting but not by in
junction. The supreme court held that
a suit for accounting was not an ade-
quate remedy, as the plaintiff would
have to wait until all the ore was taken
~ 30 -.