The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-09-29
IN THE DISTRICT COURT
An Injunction Suit Begun by the
French Syndicate.
AN ALLEGED TRESPASS
Butte g. Boston Mining Company and
Others Made observation-disclosures
ing Order Signed-Miscells-
neous Court Business.

Edouard Berthmet, head Of the
French syndicate that owns the Lexing-
ton mine, yesterday commenced an in
junction suit in the district court
against the Butte & Boston Mining
company, w. o. Clymo. Arthur WEIGH
and others TO stop them from commit
ting an alleged trespass on the Lexing-
ton ore bodies by means of underground
workings from the Josephine, an adjoin-
ing claim. The complaint in the case
alleges that the defendants entered
upon the property on the first of the
present month and nave already k
out $3.50 worth of ore, for which amount
judgment is asked. Judge Lindsay
signed a temporary restraining order.
An application was also made for al or
der of survey and an order to show
cause was issued. John w. Cotter is
attorney for the plaintiffs.
Mr.. Cotter also brought an action for
Lee w. Foster and G. NJ. Stolpe against
Fergus +. Kelly and job O'Rourke TO
quiet title to a t~wo-thirds interest in
lot 20, block z of the Leggat & Foster
addition to the city of Butte. The COM
plant alleges that the defendant Kelly
claims adverse title through a pretended
tax deed for the taxes of 1898. 1t is al
legged that the tax sale was illegal and
the deed is void because the property
was not advertised as required by law,
and other irregularities are alleged. The
complaint says O'Rourke owns a third
interest in the property, but refused to
join in the action 10 quiet the title, and
for that reason is made a defendant.
The court is asked to bar Kelly from
asserting any title to the property.
Another suit brought was by Angus
tine Stockder against August Benz to
regain possession of a house and lot
at 72S West Quartz street, which she
says belongs to herself and husband,
Moritz Stockder, but which the defend
ant took unlawful possession of Sept.
II. She demands damages in the sum
of $3.50 and $35 as rent.
The referee in the partition and ac-
counting suit of John j.. Lynch against
John A. O'Connor filed his report in
court yesterday. He finds that the
plaintiff and defendant are joint owners
Of the Terrace, Meteor and Spa lode
claims. The parties agreed at the hear
ing to divide the Meteor east and west
and that the defendant should take his
choice of the two pieces and that the
plaintiff hould have his choice between
the Spa and Terrace. They were also
the locators Of the Rubicon and Killar-
ney placers and Hindeman and Cause
way lodes and the Lynch and O'Connor
placer. On the accounting proposition,
the referee finds that after allowing off,
sets claimed by the defendant, the
plaintiff should nav judgment for
s353.10.
Matte A. Thomas, e~xecutrix of the
estate Of John d. Thomas, deceased.
yesterday filed in court an inventory OF
the estate, showing a total valuation Of
Sill, 3S7.65. of which over $4,000 is in
cash as follows: Money on deposit. Sill
533. Is; cash on hand, s135.S5: net re-
ceipts from April 16 to July Is. 2,924.53.
During the same time the e~Xecutrix
disbursed 81 24.53. She also petitioned
the court for a family allowance for
herself and two children, and after
hearing the matter Judge Lindsay made
an order allowing her $500 a month
from July 16. She was also authorized
10 pay off a $500 mortgage on some
Seattle property.
Judge Lindsay made a few more citi-
gems yesterday and rejected three APP
plicants who could not prove that they
we're in the country the required length
of time. One OF them missed only about
a month. and one Of his witnesses sug-
gested that a few days made no differ
ence. but it did. Among the applicants
were four Assyrians, two of whom were
admitted and two rejected. Those ad-
United to citizenship yesterday were:
Patrick Shea. John p. Harrington,
Richard Dryer, John Rask, Joseph
Rogers. John Thomas. William Paul
Robert Fl. Thompson. Psenda Giacomo,
Thomas Tobin, Robert Kinrade, John
Stefan, Michael D.. Sheehan.
-
David Moule, w. V. Lawler and John
II. Curtis, commissioner appointed Co.
the case of the city against :. n. clark
to appraise the value of the east "a feet
OF lot is. block Il. sought 10 be con-
demned by the city, made a report yes
terday. They fixed the value of the
ground at $4,000. but reported that the
property was in litigation and the title
undecided.
Louisa Rule brought suit yesterday
against William Rule for divorce, on
the ground of habitual intemperance
She said they were married at Meader-
vile on Sept. %, 1887, and have one
child. She asked for alimony and a re-
straining order to prevent the defend
ant from disposing Of their property in
the Silver Bow park addition.
G. NJ. Weinberg, guardian Of Hilmer
Weinberg, ar insane person. was yes
terday authorized by the court to sell
the property that came into his hands.
No ENInENcE