The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-20
MINING CASE
The Court Adopts the Findings
of the Jury.
hrs AN IMPORTANT SUIT
Valuable Mining Property Was at Stake.
Adoiph wetxstsin Was Plaintiff
N p. A. Largey and Others
Desendanta

Judge Lindsay yesterday decided the
Comanche mining case. in which Adolph
Wetzstein was plaintiff and p. A. Lar
being against wetzstein. The court
adopted the findings Of the Jury. The
case is an important one and involves
q piece of valuable mining property, a
fourth interest In the Comanche. ID.
N. Upton was one of the original own
ers of the property to the extent of a
fourth interest. and in time the whole
property passed. by purchase. into the
possession of the Comanche Mining
company. A few years ago Charles S.
Warren. In hooking up the records, dis
covered that there was no record of
the transfer of Upton's interest. \
short time after that discovery H.. l..
Frank obtained a quit-claim deed from
Upton and in turn transferred IL TO
Wetzstein. In whose name the suit was
brought to gain possession of the fourth
interest In the property. The case came
to trial some months ago and the jury
found generally In favor Of the defend
ants. Then there were mad motions
TO adopt and reject the findings of the
jury. and sensational charges were
made by the plaintiff against the fore
uidh vi tnt july. VIII was dCtuctu vi
coercing and bulldozing the other Jurors
into returning a verdict for the defend
ants. The arguments on the motions
were made several weeks ago. Yester-
day afternoon Judge Lindsay made the
following order adopting and approving
the findings of the jury. and making
additional findings of fact by the court
and conclusions of law:
THE court, upon consideration OF the
evidence, adopts and approves all the
findings OF the jury i'm the above en-
titled action, upon questions submitted
by the defendants; and adopts n APP
proves all the findings of the jury, upon
questions submitted by the plaintiff, ex-
cept finding numbered 26, and in lieu
thereof makes the following finding,
viz:
Did David ". Upton ever convey any
interest in the so-called Grand Prize
lode claim to any person or persons for
a valuable or any consideration? An
swer: Yes.
The court further finds as a fact that
after David N. Upton relocated the said
Comanche lode mining claim in Janu-
airy, 1895, as the Grand Prize lode min
ing claim, for the benefit of himself
n in the Comanche, he,
the said Upton. conveyed interests in
said claim as follows: To Howard
Zenor. an undivided one-fourth inter-
est. 10 IdtTlCh n. l<dlkCgs on
ed one-half interest, and held for him
self an undivided one-fourth interest
therein, which he afterwards conveyed
to George III. Tong-the said Grand
Prize lode mining claim being the same
land comprising the Comanche lode
claim. The said David n. Upton. by
the aforesaid, dlVested
himself of all interest i'm and 10 said
property, prior TO the issuance OF patent
therefor whereby the United states
venm conveyed title thereto TO
Charles s. Warren, George II. Tong,
Patrick A. Largey. Howard II. Zenor
and Michael ]. Bielenberg.
1.-THE court further finds as a fact that
when the plaintiff obtained a onNey
ance from II. l.. Frank, his predecessor
In interest. and when II. l.. Frank. pre-
decessor in interest of plaintiff, op-
tanned a quit-claim deed from DaViu
n. Upton. purporting to convey al ms
right, title and interest in n TO tne
Comanche lcde claim, the SAID 1ptoh
neither had nor held any legal title IN
or 10 the same. the title thereto being
in the Comanche Mining company. de,
PENDANT, by virtue of a patent issued
nv the United States government 20 JUS
predecessors i'm interest.
..The court further finds as a fact that
when the plaintiff obtained a convey
ance from II. l.. Frank. his predecessor
in interest, and when III. L. Frank, pre-
decessor i'm interest OF plalntin' 90
tanned a conveyance from David n
linton, p%urporting TO convey all ms
right. title and interest in and to the
Comanche lode mining claim. the said
linton neither had nor held any equit-
able title in or to the same.
sFrom the said findings OF fact the