Arizona republican., 1897-10-12
THE SEVEN STARS CASE.
Full Text of the Decision of Judge
 Truesdale.

The Republican, which previously contained the decision of Judge Trues- dale in the case of Wiser ct al vs. Lawler and Wells, lately tried at Pres colt. herewith presents the full text of the decision, which on account of the amount of property involved in the suit, the vexing questions raised and the careful preparation of the de cision, make it one of the most inn portant ever rendered in the terri tory. Readers of The Republican are already familiar with the facts in the case, the ownership by the defendants of the Hillside mine in Yavapai coun- ty, it's sale to H. H. Warner, of patent liver cure fame, the organization of the Seven Stars Mining company, etc.
 THE DECISION
 In the District Court or the Fourth Judicial District of the Ter tory cf Arizona in and for the County of Yavapai. Wiser ct al., Plaintiffs, Ns. IaWl7 and Wells, Defendants. The above entitled action came on for trial in the above named epuft on the Fist day of September, AZ D., 1897, before the Hon. Hiram c. Trues- dale. Judge of the Third Judicial Dis trict, the Hon. Richard E. Sloan De- ing disqualified to sit therein3 and motion having been made bY the de- tain issues be submitted tS a jury, which said motion having been denied by the court, said cause proceeded to trial before the court wiAput jury; and having heard the evEld dnce offered by the respective parties, 9nd tn
 finds the following faf9ts:
 FINDINGS OF FACT.
 FIRST.
 That shortly priC[ to the 12th day of May, 1892, H. Fl. Warner, accom- parsied by one Rikkard, visited Pres eott. Arizona, and entered into nego- tiations with the defendants, Lawler and Wells, in egard to the purchase of a contain g9oup of mines situated i'm the ureka4Mining District County of Yavapai, jArizona; and known as the "Hillsid4 Mines"
 And which were then owned by, and in thA possession of, the defend ants, Lap&er and Wells. That, as result of those negotiations, said Warner and Rickard visited said mines in company with said Lawler, for the purpose of examining them, and ascent aiming their value. That -ss~a result of such examination and investigation, said parties returned to Prescott. 3nd there, afte- further ne- gotiation, in which said defendant Wells also participated, said parties made and entered into an agreement wherein and whereby said Lawier and We1ls agreed to sell said War Ter said group of mines, together with all al5purtenances for the sum of Four Hundred and Fifty Thousand dollars. and on the said 12th day of Nav 1892. said Lawler and Wells duly made and executed their certain deed in writing, wherein and whereby dIiSsy conveyed to one Charles Cow land said group of mines and mining claims, all of which are fully desorib- ed in the complaint herein; which said deed contained the usual cove nants of title and warranty, and was executed by the wife of said Wells, and which said deed, together with an agreement known as an escrow agreement and which was executed by said defendants simultaneously with said deed, were deposited 1n the Bank of Arizona in the city of Pres colt, where they remained until they were delivered to said defendant by ' said bank at the time and under the \clrcumstances hereinafter set out.
 What WI ihilsA Asaid Cowland was nam ed eas grantee, in said deed, and was the onRa dNreotly obligated by the es- crow agre4ment to make the pay ments ther$in provided for, said Cow land was i1h truth and in fact, simply the agent caf said Warper, and it was so understood by all the parties to tht ira ransaction, Sand i'm furtherance o. that unders banding, said Warner made the only payment made to the defendants att the time of the execu tion of said deed and agreement above referred to, and in addition thereto, guaranteed to Lawler ant Wells the future payments provided for therein
 THIRD.
 That at the time of entering int negotiations for the purchase of thi group of mines, said Warner wa supposed to be man of large means and amply able to purchase and pa. for said mines, and he so represent ed himself to sand LaWler ana WellS and was so represented by said Rick ard; but it was his intention and ex pectation to organize a corporation with large capital to take and hol the titles to these properties and t. place the stock thereof upon the mar ket for general sale or subscription of which said intentions and expec tations said Lawler and Wells ha actual knowledge and notice durin: } the progress of the negotiation whic, led up to the purchase and to tn execution and delivery of said dee and escrow agreement and the de posit thereof in the Bank of Arizon as aforesaid
 FOURTH
 That shortly after the execution and delivery of said deed and con oG q