The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-27
BEFORE JUDGE LINDSAY
A Decree Signed in the Mining
Partition Case.
DEFENDANT, IN DEFAULT
The Court Makes the Division OF the
Property-The First Presbyterian
Church Authorized to Mort
gage RS Property.

Judge Lindsay yesterday signed a de-
cree in the mining partition case OF
John j. Lynch against ohm A. O'Con-
nor. The case had been given to a ref
cree to determine the matters at issue
between the parties. who were partners
in the ownership OF several mining
properties. They agreed upon an equal
division of all claims but one. the Me-
teor lode, and that was cut in halves
| and o'Connor was to have his choice Of
the halves. but he refused to make a
selection and he was cited into court to
show cause why he didn't. lie made
a charge that the referees report was
unfair and not In accordance with law.
O'Connor was not represented by at
torney and the case was continued UNI
til Saturday afternoon. at which time
there was no appearance at all for the
defendant and the court ordered judy
ment i'm accordance with the report of
the referee. The decree signed yester-
day Is as follows:
'..Thi cause coming on regularly for
hearing on the cath day of December.
1898. upon the order OF the court re-
curing the defendant to show cause
why he should not choose as between
the eastern and western halves Of the
Meteor lode claim. In accordance with
the stipulation entered into between
plaintiff and defendant at the trial of
said cause before j.. O. Bender. Esq.
referee herein. and also upon plaintiffs
motion to adopt the report OF said ref
cree. the plaintin appearing by Howell
a. Harvey. his attorneys. and the de-
fendant making no appearance either
i'm person or by attorney, and the court
being fully advised in the premises.
finds: .r
That at the trial OF said cause be-
fore the said referee 1t was agreed and
stipulated between the plaintiff and de-
PENDANT that the Meteor lode claim
should be divided into an eastern and
western half OF equal area by a line
parallel to the end lines thereof. and
that the plaintiff should have the right
to take his choice as between the Ter
race and Spa lode claims. and the de-
PENDANT should take his choice as be-
tween the said two halves of the Me-
teor lode claim.
That thereafter the plaintin. In ae-
cordance with the stipulation, chose the
Terrace lode claim. but the defendant
neglected and refused to chose as be-
tween the two halSes OF the Meteor, as
provided by the stipulation.
That. the order heretofore issued to
the defendant 70 show cause why he
should snot. choose as between the two
halves of the Meteor was duly served
on the defendapg ~ shown by the re
turn of the sheriff. m the defendant
Is therefore adjudged to be in default.
That so far as The violence taken be-
fore the rrefereS Adiscloses the two
halves of the Meteor. az divided by the
stipulation. are oEequaI value. and that
the eastern half adjoins the Terrace
and the western half adjoins the Spa,
and that the assignment of the eastern
half of the Meteor to the plaintiff and
the western 10 tn defendant is a fair
and equitable division Of said Meteor.
quality and quantity relatively consid-
cred.
That the report OF the referee is in
all respects correct and true. that no
exceptions thereto have been filed by
either of the parties and the SAINT
should be approved and adopted by this
court.
That the plaintiff and defendant are
owners. in equal proportions. as ten
ants in common Of the following de-
scribed mining claims. situated I'm Sill
yer Bow ounty to-wit: The Terrace,
Meteor and Spa .lodes. and that plain
tiff is entitled to have the same parti-
toned as prayed for in his amended
complaint.
That the defendant Is indebted to
the plaintiff on account Of expenses In
Cured and money paid by plainttn I'm
and about the patenting of said mining
tldlUS anu lOI utltnudhN = Shdlf VI Nif
cost OF an abstract of title for use of
the parties in this action. as shown by
the report Of said referee. a total bal
ance OF 1853. 10"
Continuing the decree orders the de-
fendant to pay SIS as his share OF the
attorneys fees and $64. SIS as costs. and
that the plaintiff further have judy
ment against him for s353.1O.
on the petition OF the board Of trus-
tees OF the First Presbyterian church
Judge Lindsay has made an order au-
thorizing the board 10 mortgage the
church property for $500 to pay or
81 900 owing to the church extension
fund OF the general assembly and $500
due various parties in Butte. The gen.
eral assembly offers To take two mort
cages for the sums indicated. the $500
to be paid in 10 annual installments at
G per cent. and the 81 200 in IL years
without interest.
The district courts and county offices
observed yesterday as a holiday and
little business was transacted by either.