The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-30
HAS FILED ITS ANSWER
To the Cross Bill of r. j. Watson,
Larkin's Guardian.
IGNORANCE is THE PLEA
The Old Colony Trust Company Not
Aware at the Time That There Was
Any Question OF Larkin's
Mental Condition.

The Old Colony Trust company filed
its answer yesterday to the cross bill
of Richard J. Watson, guardian ad
litem for James Lark1n, now deceased.
in the suit begun last winter in the
United States court by the Butte &
Boston Consolidated Mining company
against j. r. Forbis ct al. for n parti-
ton Of the ~Snohomish and Tramway
lode claims.
The suit hinges upon the mental con-
dition OF Larkin at the time he made
the deeds of the properly TO the Butte
& Boston company. the cross-complaint
having set up that larkiu was of un-
sound mind and mentally incapable Of
t~ransacting business at the time Of the
transfer of the property.
In its answer the Old Colony Trust
company represents that IT is ignorant
that Larkin was incapab bic by reason of
any mental weakness during the year
1898, when the transfer vas made, or
at any time prior thereto. or that he
was incompetent 10 manage his bust
mes. or wholly or at all unable to COM
prehend the consequences OF any act
or contract with reference thereto.
1t is further set up hat the Old Col
ony Trust company is ignorant that
James Larkin at any time after the
4th Of May, 1898. was the owner or en-
titled TO the possession OF an undivided
half interest or any interest in the Sno-
homish lode claim or an undivided two
thirds Interest or any other interest in
the Tramway lode claim, the property
referred to in the cross bill. and asks
that the cross-cOmpiaint he required to
prove the same.
1t Is admitted that the Butte & Bos-
ton company was at one time a corpor-
alton organized under the laws of Mon
tana, but IL is alleged hat the corpora
ton has long since ceased to exist and
now holds no property.
IT is represented that the Old Colony
Trust company is ignorant whether on
the 4th day of May, 1898. or at any 9TH
er time while James Larkin was suf-
ferlng from mental disease, the Butte
* Boston company or any one else in
dUced him to sign, acknowledge or de-
liver a deed TO the property mentioned,
and demands that the claim be proven.
II admitted that on the 4th day of
May, 1898, the Butte & Boston COM
pany procured from James Larkin a
deed conveying the property described
in the cros-bill and alleges on informa-
tion and belief that at the time Larkin
OF sound mind and fully capable of
executing the deed. II he was incapable
Of transacting business, the defendant
was ignorant Of a, and asks that the
allegations be proven.
1t is held that II such was the case
the Old Colony Trust company was ig-
norant of the facts and had no knowl-
edge hat the Butte & Boston company
coutr1ved to u~njustly deprive Larkin
Of his property by means of undue in
nueuce or persuasion on the part of its
officers or agents. The defendant is like
wise ignorant that the Butte & Boston
company paid an inadequate considera-
ton for the deed or that the property
was worth five times as much as was
paid for it as represented in the cross
bin.
The defendant alleges on information
and belief that the Butte & Boston
company paid about s22. 900 for the
property, which is claimed TO have been
a fair market value of the property at
the time OF the sale.
1t ia denied that the deed or title to
the property should revert to James
Larkin or his heirs, that at any time
since the 9Th day OF May, 1898. James
Larkin has been the owner Of the prop
or in possession of IL.
II is admitted that John S. Forbis
was duly appointed receiver OF the
& Boston company. and that he
transferred the property 10 r. Rollins
but Il In denied that there was
- 'NlAEAAfA 'AARAA A'A AfAF AldiAEAfF OF |
John :. Forbis, as receiver. had
interest in the property or that e.
Morse had no interest in the
property as alleged In the cross-biH.
1t is admitted that on the 81 day OF
May, 1897, the Butte * Boston ompa-
ny made and execute a mortgage upon
all its property to the defendant. the
Colony Trust but It Is
that the defendant had any
knowledge Of any OF the facts relating
To the mental condition of James Lar
as alleged in the cross-bill.
1t is represented that the defendant
Is ignorant that the Butte & Boston
company paid a sum not exceeding slS,-
300 for the property as alleged. but is
on Information M belief that
sum paid was 500, 900.
The defendant asks that the mort
be declared and decreed to be a
lien on h property described in the
cross-bill, and that upon the partition
and sale of the property, the interests
n the defendant be protected.