The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-27

Daniel S. Mosby, an insane person,
by his guardian, S. w. Mosby, has
filed a suit in the Third district court
against Matt T. Osborn, the Geyser
Mining company and Emer;ne Dressler
involving a half interest in the Geyser
Mining company.
1t is alleged in the complaint that
Daniel S. Mosby for more than ten
years has been insane and is now in
the asylum at Los Vegas, New Mexico,
and that since November s, 1880. he
mas been and now is the owner of an
undivided half interest in the Geyser
mining claim conveyed to him by
Matt I. Osborn in consideration of
$1,000 paid by said Mosby and used
Cor development purposes and stipu-
iatilon to pay another 81 ,000 and letters
patent were issued by the United
States to Osborn and Mosby to the
Geyser claim. 1t is then alleged that
in January, 1893. Osborn, knowing
that Mosby was insane and incom-
petent to attend to business, contriv-
ing and intending to cheat and de-
fraud Mosby, falsely stated to Emerine
Dressler. mother of the said Daniel S.
Moshy, that while the legal title to a
half Interest in the Geyser had been
conveyed to Mosby in truth and in
TACT the said conveyance was only in
tended as a mortgage to secure the
repayment of the $4,000 which Mosby
had loaned to Osborn; that Mrs.
Dressler is Y years of age, feeble and
unacquainted with business and had
fuii confidence in Osborn, but was
Ignorant of the true character of the
transaction between Osborn and Mos
by and believed, as Osborn told her.
that Mosby simply held a mortgage
TO secure the $4,000
It is further alleged that Osborn.
still acting on the weakness of Mrs
Dressler, induced her to apply to the
probate court for letters of guardian
snip oVsr her unfortunate son. Daniel:
that such letters were issued and then
GlsDorn began suit in the district court
against Daniel S. Mosby through his
guardian, Mrs. Dressler In his conn
plant Osborn, it is stated, alleged
That he received $1,000 from Mosby
10 secure the payment of which letters
patent for half interest in the Gev
ser mine were issued to Mosby. CHS
born also alleged that he had been in
undlsturbed possession of the premises
since 1882 and that Mosby never took
possession of the property Jointly with
him. Osborn also alleged he had NOT
repaid the $4,000 but was ready to do
SO and prayed that on his doing So
the alleged mortgage be cancelled and
ne De adJudged the owner of the en-
tire property
The present complaint alleges tbat
al The principal allegations in els
boTn's complaint we're false and that
Mosby was in fact the owner of a
half interest in the mine.
In conclusion it is alleged that CHS
born exercised such influence over Mrs
Drassler that she allowed Judgment tn
be entered by default on August p.
1873, directing that on payment of
SzoVg Glsoon was to have a deed to
Mosbys half interest The MONEY! u-ae
paid and the deed handed to CSShorn
by Mrs. DRESSER as guardian of Nos
by.
wherefore plaintiff prays that the Or
der of the probate court apoointinp
Mrs Dressler guardian of Moshy he
set aside; also that the Judgment of
the district court be set aside and
vacated; that it be adjudgad that the
leed executed by Mrs. DRESSER to Gis-
born be declared fraudulent and that
1t he concell5d and that Daniel S.
Mosby be declared the owner of an
undivided half interest in the CIeyser
Mining company.
A Herald reporter called at She offica
of the Geyser Mining company yester-
day afternoon and inquiry was made
into the facts in the case as above men
toned While not conversa.y1t with the
details of the charges made. as a cow
of the complaint had not yet been given
them, Messrs. Milner and Boutwell,
stated that the abstract to the title Of
the ground owned by the company was
clear in every particular That ait one
Time Mr.. Osborn had, in fact. decided
q o1e-half interest in one of the claims
in The group to Mr. Mosby, in trust,
although the fact was not so stated in
the conveyance. This was done for a
specific purpose, and no money changed
HANDS. Shortly after Mr. Mosby be-
came insane, and it was not until after
experiencing considerable difficulty
that AIR. Osborn was able to get the
property back into his own name. Mr..
Bothwell stated that the matter affect
"a only a small portion of the Geyser
property, and that in the end it would
be proven that Mr.. Osborn had acted
squarely and honorably in the trans
action.