The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-07
WHO OWNS THE GARDENS
A Suit Brought Against Fl. L.
Frank eft al. to Quiet Title.
1T is MINING GROUND
The Butte Hardware Company Is the
Plaintiff in the Action-Facts Re-
cited in the Complaint
Served Yesterday.

! A suit was brought In the district
court yesterday by the Butte Hardware
company against Fl. l.. Frank, John ;.
CIapp and L. II. Symons TO quiet title
TO some mining ground covering the
Columbia gardens. The hardware COM
pany claims under an old judgment
against John A. Gordon and Frederic
Ritchie. the latter the original owner
of the gardens. The complaint filed in
the case yesterday recites the fact that
on Sept. &, 1890. the plaintiff company
obtained a default judgment against
Gordon & Richie for 1922. and that on
May Is. 1895. an execution was issued
and the sheriff levied on the Evangelist.
Mascot, Copper Trust, John the Bap-
fist, Silver Moon and Eddie lode claims,
the property of Mr.. Richie. At the
sheriff's sale the Butte Hardware COM
pany purchased the property, and there
being no redemption made, a sheriff
deed was executed to the purchaser.
After the judgment had been obtained
Paul Davis conveyed the property TO
Ritchie and on the same day the latter
decided il to II. l.. Frank. Afterwards
Frank obtained patents to the ground
and ON Oct 80 1896, he sold the sur
face ground of the Copper Trust to
John S. Clapp and +. I'll. Symons, being
already claimed by the Butte Hard
frank. Clapp and Symons are claiming
title to il wrongfully and their posses
sion is cloud on the plaintiffs title.
wherefore the court is asked to compel
them to make an absolute deed to the
company for the ground and to declare
the defendants to have no right on title
to the premises.
An amended complaint was yester-
day filed in the case of z. l.. Miller
against the city of Butte in the action
no recover judgment for one-half the
value of the forged city warrants which
Miller discovered while examining the
records under a contract he had with
Mayor Thompson. He claims there is
due him under the contract S972.33,
which the city has refused to pay,
though ii has given notice that the
warrants in question We're forged and
would not be paid. In his amended
complaint, Miller alleges that the city
has failed to commence and prosecute
with reasonable diligence any suits for
the purpose of procuring a judicial col
lection of the warrants but under a
resolution of the council. has refused to
pay them. On a second cause of action
MIR. Miller alleges that he also discov-
cred that $3.50 in forged warrants had
been improperly paid by the city treas
urer, and the city had agreed to bring
suit against the treasurer and his
legally paid by that officer and pay TO
the plaintiff one-half of the sum recov-
cred, but in violation of the agreement
the city has failed and neglected To
commence the suit. although about two
years have elapsed since the discovery
was made and reported to the city by
the plaintiff, and he therefore demands
judgment for $780, being his half of
the warrants Illegally paid by the treas
nrer.
An amended complaint was yester-
day filed in the case of the First Ma
fional bank against John r. Black and
Others, a suit for 1881 due ON note
and for taxes paid and to foreclose
mortgage on the Tom Haney lode claim
and on lot 8. block A.. Of the city of
Butte. The court is asked to appoint
receiver 10 take charge of The city
property and collect the rents and prof
dts during the tendency of the action
in court and during the period allowed
for the redemption of the property after
the sale. and apply The income to the
payment of taxes. court costs and other
wise as directed by the court The es-
tate of T. s. Hamilton has mortgage
on the Tom Haney for $1,000 dated
May Is. 1854. and ii il claimed by the
bank that mortgage has become barred
by the statute of limitations and the
court is asked to SO decree.