The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-15
Judge Clancy Grants an Injunc-
ton in the Larkin Case.
AN ORDER TO SHOW A u
Probably the Most Important OF the
Various Suits Brought Against
the Boston and Montana
Mining Company.

against II during the past year, was the
one instituted yesterday by James Lar
kin. an insane person, through his
guardian ad Item. Richard ]. Watson.
to set aside a deed to the Snohomish
and Tramway mines. alleging that IT
was obtained while Larkin was insane.
An accounting for all the ores taken out
OF the two mines during the past Ave
years is also demanded. and a tempo
rary injunction was secured from Judge
Clancy restraining the defendant from
further mining the property until an or
der to show cause can be heard on Sat-
urday. May 20. There are named as
defendants all the persons and corpo-
rations who have been interested In the
property since IL was purchased from
Larkin by the old Butte q Boston COM
pany. The defendants are the Butte a
Boston Mining company. John F.. Forbis
as receiver. z. Rollins Morse, the Old
Colony Trust company. Frank KEEP
etko. c. g. Batterman and the new
Butte 4 Boston Consolidated Mining
company.
The complaint. which was drawn by
John j. Mediation. attorney for Larkin
and his guardian, covers % typewriter
pages and alleges that lanes Larkin is
now and for more than five years past
has been insane and suffering from men
tai arrangement to such an extent as
TO entirely disqualify him from attend
ing to the ordinary affairs or business
Of life. and from dealing with his own
property or entering into contracts re-
garding the same with an understand
ing Of their nature and
and entirely incapable of exercising his
will with reference thereto. On the sth
day OF January. 1895. a complaint was
A1AA xa- III ia
insanity and he was duly examined
and ordered committed to the asylum.
The guardian alleges on his informa-
ton n belief that during 1899 and for
some time prior thereto James Larkin
was incapable by reason Of his physical
and mental condition OF attending to
the ordinary affairs and business OF
nfe. and was insane and mentally in
competent to manage his property, or
TO deal with IL, or to enter into any
contract or agreement with reference
to n of the property. and was unable
to comprehend the nature or conse-
quences OF n act or contract. or 10
exercise his Will regarding the same,
and was without Judgment and without
mental capacity TO make a contract with
reference to his property or to sell or
dispose OF II. At that time he was the
owner of two-thirds interest in the
Ill "a ndll nltItrI iii the
S~nohomish. and is now entitled to the
property. On May 4. 1893, and while he
was suffering from mental derange-
ment the Butte q Boston Mining COM
pany caused and procured him to sign,
acknowledge and deliver a certain deed
purporting to convey and quit claim
his interests In the two claims mention
ed. the consideration named in the deeds
being 81. 900. Al the time the nesotia-
fiOpS u-ara had and TN. Aaad gfona1 Co.
the property Larkin was suffering from
mental arrangement and unable to UNI
derstand the nature OF the transaction
or the effect OF II, and the defendant
had full notice OF II. but Notwithstanding
its knowledge of his mental condition
the company. nevertheless. contriving
to u~njustly deprive him OF his property,
and TO gain an undue advantage for
Itself with regard thereto. and knowing
that the property was OF great value,
took advantage OF his mental condi-
ton and want Of will and understand
Ing. and by mean of the undue infiu-
enoe of its officers and agents solicited
and induced the plaintiff to sign and
deliver the deed to II.
The defendant company paid him at
the time a very inadequate considera-
sonably worth five times the amount
paid therefor. and the defendant knew
at the time It procured the deed that
the property was of great value and
that II was procuring the deed for a
small and inadequate consideration
paid by 1t to the plaintiff. Larkin.
The plaintiff has never since that
time recovered his mental faculty aud
has never had the power to exercise his
Will with reference to the transaction
OF the deed. or to disaffirm II. The
guardian is informed and believes that
the consideration which was paid by
the defendant for the deed was largely
applied at the time to the payment of
a judgment against Larkin, which was
a lien on the property, and the balance
OF the consideration which was paid
him has been squandered and d~issipated
by him. BY reason of his mental ON
dition and the deed is and
be ~adjudged to be null and void
and not to convey any right. title or in
terest from the plaintiff in or to the
property therein mentioned, and should
be Cancelled by h decree OF the court
and the legal title to the property re-
invested In the plaintiff. The guardian
alleges that Notwithstanding the deed.
the plaintiff still is the owner of and
TO the possession of the prop
erty. and IL entitled to have II placed
under the management and control of
the guardian. He Ii also owner OF all
the ores and minerals which were in
the ground on the date the Iced was
executed.
The guardian alleges that the Butte
a Boston Mining company. Receiver
r. Rollins Morse. chairman OF
the reorganization committee, and the
Butte * Boston Consolidated Mining
company. each in turn. had possession
Of the property, although they mad no
right TO IL. The COMPLAINT ~rpcftps the
facts relative TO the organization Of the
present company and It's assumption of
claims. liens and property of the old
company and the various
OF the property in question and the exc
Of a mortgage and trust deed to
the Old Colony Trust company. Con-
tinuing. the complaint alleges that the
guardian Is informed and believes that
the defendant company paid Larkin
not TO exceed Sls.00o for the property.
and that the defendants have each
and extracted from the premises