The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-09
THE DAVIS ESTATE AGAIN
Mrs. Ellen s. Cornue Brings Suit
for a Partition.
AGAINST THE OTHER HEIRS
She Asks for Division of the Real
Property or That 1t Be Sold and
the Proceeds Divided-Justice
Court Appeal Cases.

Ellen s. Cornue, one of the heirs of the
Davis estate, yesterday commenced an
| action in the district court against the
| other heirs for a partition of the real
property owned by the estate The de-
PENDANTS named are Henry a. Root Ro-
sine r. Root, Sarah NJ. Cummings, Mary
l.. Dunbar, Elizabeth S. Laid, Charles
! II. Ladd, Joshua G. Cornue, Elizabeth
4 Bowdoin, John A. Bowdoin, Calvin r.
\ Davis. Harriet Wood. Elizabeth A.
4 Smith. ]. Howard Smith, Harriet r.
I Sheffield. - Sheffield. Henry A. Davis.
1 Thea Jane Davis, Edward A. Davis,
/ Mary a. Davis, George w. Davis
Charles G. Davis, Morris A. Davis, An
drew j. Davis, Helen NJ. Davis, John e.
Davis. Tennie b. Davis and Charles II.
! Palmer and Andrew j. Davis, trustees.
The complaint IN the case recitcs the
fact that as trustees Palmer and Davis
have an interest in the estate amounting
to 431-1100ths, but that the nature and
condition Of the trust are unknown to the
plaintiff, although she has used dill
gence to discover them, but without sue
cess Mrs. Cornue says she has an inter
est i'm the estate amounting to 5-l54ths
the real estate being particularly de-
serbed as follows: The Baltic, Blue
Jay Broker. Carlotta. Centerviile, Gem,
Mount Moriah, New Fra and Pawn
broker quartz lode claims, in Silver Bow
county; also all of lots is, 10, 20, in block
IL. of the original townsite, and portions
Of lots 81, %, %, "a, %, rs and a. in
block Is; all of lots 5, 6 and Z, in block
f6, and all of that certain property
known as Supernauts and Marceaus
Arastra, situated ON the creek below
the mouth of Blacktail canyon, about
eight miles south of Butte: also the
water right of Blacktail creek and the
ditch conveying water to the arastra:
also l60 acres of land on the creek upon
which the improvements stand: also
quarter section of land in section 80,
township 8, north of range Z west. in
Guiding water rights used in connection
with the land also all the water in
Basin and Blacktail creeks above the
property last mentioned, and a certain
ditch about two miles long, and another
ditch mile long conveying water from
Basin creek below the junction of Basin
and Blacktail. 1t is alleged that there
is a lot of other real estate which the
plaintiff has not been able to locate She
says the interests of the various defend
ants in the property are as follows: Thea
Jane Davis and others, 200-1l00ths; Hen
ry A. Root, Mary J.. Dunbar. Mary NJ.
Cummings and Elizabeth $. Laid, six
sevenths of 250-1100ths: Elizabeth S.
Bowdoin, 50-1l00ths: Calvin r. Davis so
1luuIilS. 1taII1el NROOQ. DU-1lUUllS. Eliza
beth A. Smith. 25-1100ths; Harriet r.
Sheffield, 22-1100ths; Henry a. Davis,
22-1100ths.
Ii is claimed there are no liens or in
cumbranees on the property and no
other persons than the plaintiff and de-
PENDANTS are interested in it, Mrs Cor
nue. asks that a partition be made ac-
eord!ng to the rights of the respective
parties to the action and if d partition
cannot be had without material injury
To the property or to the rights of the
parties. then that the property be sold
and the proceeds divided. Clayberg &
Corbett and Toole Bach s. Toole are
attorneys for Mrs. Cornue.
Judge Lindsay yesterday morning also
made an order directing ]. IL. Leyson
the administrator, to deliver to the heirs
all the real estate belonging to the Davis
estate.
The justice court appeal cases of Jen-
ME Pierson against George Peoples the
OVerman Wheel company against Louis
Kaufman and j. w. Shackleten against
Mrs. Eliza Noble were dismissed by
Judge Lindsay as settled
The case of George Stull against
Jones johnson was tried before a jury
and resulted in verdict for the plant
iff for S71.50.
In the case of Henry Muntzer against
]. L. Flotow & Bro, the plaintiffs proofs
were heard and judgment for SIT 40 and
at attorneys fee of $25 were granted