Arizona republican., 1897-10-12

nave III une property WHicu lS tuo subject of this action subordinate to the rights of these plaintiffs.
 The difficulties of doing exact and equal justice to all parties to con troversy like this, are inherent in the controversy itself; and must be read fly apparent to any one at all famil- iar with the facts and circumstances surrounding this one. And the most that court of equity, even with it's broad and comprehensive system of administering justice can hope to do in such. case is to put the parties as near as possible in the same rel ative position that they would have been had their original intentions and expectations been fulfilled. Having regard for that rule of equity which I have already quoted, which requires that as between two parties equally innocent, the burden be cast upon the one who has caused the other to be misled.
 From the foregoing principles of law, applied to the facts found, the decree to be entered follows as a logi- cal sequence but as have already in- dicated, the only decree that can be entered at this time will be inter locutory in it's nature; and this court | expressly reserves to itself jurisdis- tion of the parties and the subject matter of the action to abide the re-
 suit of a final decree to be hereinat- ter entered.
 Upon the findings Of fact and con c1usion or law. hereinbefore found. it | is hereby decreed:
 DEGREE.
 First-It is ordered, adjudged and
 decreed that the first plea of Lawler l and Wells be and the same is hereby
 dismissed.
 Second-It is ordered, adjudged, and
 decreed that the demurrer of said de- i fendants be and the same is hereby | overruled.
 Third-It is ordered, adjudged and i decreed that the motion of said de-
 fendants for judgment upon the cross
 bill and answer thereto be and the
 same is hereby denied.
 Fourth-It is further ordered, ad-
 judged and decreed that said LawleT
 and Wells, nor either of them, have
 any right, title or interest in and to
 any of the mines or mining properties described in the complaint herein, o1
 any lien upon, or equity in the same except as it is subject and subordi- l nate to the rights and equities of each Iand every stockholder of the Sever I Stars Gold Mining company, who is a bGna~fG holder of stock subscrib i ed and paid for in- good faith without knowledge or notice cf the fraudu
 lent acts and transactions G, said
 Warner and his associates who man
 aged and controlled the defendant
 corporation.
 Fifth-It Is further ordered, ad
 judged and decreed that an account
 ing be had before a referee or master
 in chancery to be hereinafter ap
 pointed by order of the court, of al
 moneys paid to and received by sait
 Lawler and Wells for and on accoun
 of this property since the 12th day o
 May, 1892, whether tha same wer' received from said Warner, from sail
 Industrial Mining and Guaranty com
 pany, and said Seven Stars Gold Min
 ing company, together with all mon eys received by said defendants iron ore and bullion receipts since sai 12th day of May, 1892, whsther tn same were received prior or since , the first day of September, A. D 1893, together with an account show ) ing the expenditures by said Lawle } and Wells for and on account of sai properties, or any thereof, since the 3 assumed possession thereof in Ser ] tember, A. D., 1S93 said referee c r master shall also ascertain and repol l to the court the number of shares ( stock in the Seven Stars Gold Minin = company which were subscribed fo 9 the times when, by whom, and fe g what consideration the same were i'
 sued; and that said master make e full and complete report as to his dt s ings in that regard, said report to T made and filed on or before the fir S day of January, A. D., 1898, unle: o the time is further extended by ord, d of the court.
 It Sixth-It is further ordered, adjud e ed and daoreed that pending fin d decree herein, a receiver be appointt d to take and hold said property d
 scribed in the bill herein and z l. therecf, with all the rights, priv Is 1eges and appurtenances thereun of belonging; and that an order be e Ie tered herein naming such receive n and fixing the amount of his bon n and upon the entry of such order al i the approval and filing of the bol of of such receiver, said Lawler a It, Wells shall forthwith deliver to su a. receiver all of the mines, mini IS properties and other property descri ne ed in the bill herein, such receiver m take and hold said properties with m the powers of a receiver in equity, 'n abide the further order, or the fir ve decree in this case; with leave to ss is receiver to apply to this court frt ct time to time for authority or dir h, tion in regard to the care and cont le, of said property; and it is express as provided that said rec5iver shall CT cur no expense other than such as e. reasonably necessary for the c; ty and preservation of the said prope, ok except upon leave first had of pt court and upon notice of the appli