The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-16
BARSALOU AND AYOTTE
They Have Had Some Trouble
About Money Matters.
RENTS, LOANS AND ROWS
Judge Lindsay Invoked to Disentangle
the Snarl-J. w. Mclean, Wife and
Grocery Store Furnish An
other Case for Court.

Judge Lindsay tried several civil
cases yesterday, one of Whlch was Oh
considerable importance and involved
the title to two houses and a lot OF
ground in West Granite street. The
plaintiff, Frank Boucher, had sued
Joseph Barsalou in a justice court for
ejectment but Barsalou went into
court and claimed to be the owner of
the property, and as a question OF title
was raised the case was sent to the
district court. According To the testi-.
mony introduced yesterday, Barsaiou
was consIdera III debt IN 1897, and
got SamueI Ayotte to indorse several
notes Ior nm, aggregating about $1,000,
ana then executed q deed to Ayotte Tor
the Granite street property. Al that
time Barsaiou was living at the COT
tage hotel, Wnicn was beng conducted
by Ayotte.
A lew weeks later Barsalou moved
| into one OF the houses on Granite
streets and has been nvlng there ever
since. Ayotte claimed mat Barsalou
paid him from $l5 TO $50 a month rent
| Tor the house In 1890 the city soon
demned part of the property for street
purposes and the city paid Ayotte
81, 500. Shortly afterWard Barsalou and
| Ayotte mad settlement, and Barsalou
! demanded a reconVeyance of the prop
! erty to him, as ii had been decided only
as a mortgage or security for Ayotte
| Endorsement on the notes. Barsalou
testified that Ayotte put him off with
some excuse and told him to let the
| matter rest for a while. Ayotte adj
| mitted a settlement in 1890 but said
that there was still some money due
him, and that at the request of Bar
SALON another loan of 81 $50 was made
and secured by a mortgage on the
| hpinp
Barsalou. Ayotte claimed that in all
| he expended 81, l0l for Barsalou.
In 1895 they got together and Ayotte
made a proposition that if Barsalou
would pay him what he was out he
would deed back the property and Bar
SALON made Il counter proposition that
if Ayotte would give him $50 he would
move off and relinqush all right to the
| property. Ayotte deposited the $50
with a real estate agent, but Barsalou
evidently changed his mind, for he
never took ii up.
About a year ago Ayotte conveyed
the property to Boucher, the latter tes-
tifying that he paid 81, 100 in cash and
assumed the $1.700 Indebtedness. Bar
SALON. on the other hand, claimed that
the transfer to Boucher was made
without consideration, and only for the
purpose of defrauding him out Of the
property. which. he maintained, had
y
on the original notes. and was intended
as a mortgage, which was never fore
closed large number of witnesses
We're examined on both sides. and at
the conclusion of the trial the court
took the case under advisement
Another case tried was justice court
appeal in which Frank Stephens was
plaintiff and j. w. Mclean defendant,
the suit being to recover on SIG note,
Several years ago Mclean conducted
a grocery store in West Park street in
Stephens building. The business was
conducted under the name of A. b.
Mclean, which, it afterward developed
was the name of McLean's wife. Annie
Ii. Mclean. The former was insolvent
but the latter was in good circum-
stances However, she got financially
embarrassed finally and failed in bust
ness and was behind in her rent. Ste
phens claims that he thought he was
doing business with the man, and tina
his name was A. Il. Mclean, so. wher
the latter offered to assign note K
him for $110 to apply on rent, stephen!
took il, after Mclean had indorsed i
, "A. Il. Mclean" The note was never
paid. and stephens brought sui
against Mclean, who had in the mean
, While become solvent again while hi
wife was broke. He denied that hi'
name was y. Il. Mclean, so the sui
was dismissed and another wa
brought against ]. w. Mclean. IL
said he had only acted as agent for hi
wife in the grocery business, and in tn
note transaction, and was therefore no
/ personally responsible for it. The jur'
I took his word for it and returned ;
verdict in his favor.
/, w c.. Bauden yesterday commenced
l an action against Fred l.. Mereher ant
!, others for $500 and to foreclose a mort
5 gage on lot a. block IA, of the Leggat
4 Foster addition.
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