The herald., 1898-11-10
A MINING CONTROVERSY
REoPENING OF THE SUIT OVER
THE EVERY DAY MINE
A PURCHASE WHICH FAILED
Deed Previously Issued Having Been
Placed on Record Invalidated
the Conveyance

Judge Shaw yesterday reopened the cause
of p. B. Mathiason and others againsI l.
Wibbett, a new trial being ordered: 1h's
was a suit brought for the recovery OF money
nad for a mining claim in lnyo county, the
title then conveyed proving defective. The
nurcbase was made January 81, 1897, at
which time Wibbelt represented to one
William H. Adams, jr., who was acting as
accent for Mathiason and his associates, that
he and Albert Wibbelt were joint owners OF
the claim which lay in the state range OF
mountains in Inyo county, and was known
.s the "Eyery Day. mine. Adams be-
leved the representations, and agreed TO
purchase the property, the price agreed
upon being $4,000 On the day stated, the
deal was consummated, and $2500 paid down
in cash by Adams as part payment Tor the
mine. Albert Wibbelt and the defendant
gave a Joint deed, purporting to convey the
title. and Adams gave deed of bargain and
sale to the plaintiffs for $4,000.
Plaintiffs alleged in their complaint that
the claim was located in 7. Wibbelt's name,
but in 1894 it had been conveyed by him to
.Joseph Wibbelt, so that when the later con-
xevance was made to them by Albert Wib'
belt and T. Wibbelt through the medium OF
Adams, the Wibbelts had no interest in the
property, and the pretended conveyance
was worthless. When Mathiason and his
associates attempted to take possession OF
the mine they found one Levi A. Norviel in
charge, and he refused to vacate. 1t being
apparent that their deeds of conveyance
were not sufficient to secure them IN the
enjoyment of the property, they brought
suit for the $25OO advanced.
To these allegations Wibbelt made an
swer in terms of general denial, but in an
answer to an amended complaint more
specific denials were set forth. He said
that he believed when making the convey
ance to Mathiason that he was the owner
of the property; he had been accustomed
to use Joseph Wibbelts name for the loca-
tion of mining property, and Joseph had
died in Inyo county. After his death one
Wilson had discovered and placed on rec
ord deed, issued but not intended for
record, which he found in Joseph's effects.
Not knowing of the papers having been re
corded, the subsequent conveyance to
Mathiason and his associates had been free
from wrongful intent.
1t was further alleged that plaintiffs had
never offered to reconvey the property and
place defendant in as favorable relation
with respect to the title of the mine as he
was when making the conveyance to them,
but insisted on restitution of the money
paid without placing him again in owner
ship of the property.
When the cause came to trial, Judge
Shaw ordered Judgment in favor of the
plaintiffs for $25OO damages and interest
from the date of purchase. He now sets
this judgment aside and orders new trial
to determine who were the heirs at law of
Joseph Wibbelt, deceased; what interest
in his estate and in the mine described in
the complaint descended to defendant and
to Albert Wibbelt what damage, if any,
was sustained to such interests by reason
of the acts complained of, and the contents
of the record in Inyo county superior court
begun by plaintiff for possession of said
mine. As to other issues, new trial is de-
MED.