The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-10
HAS FILED ITS ANSWER
The M. o. p. Company Replies to
the Boston & Montana.
ASKS FOR A DISMISSAL.
Denies That the Plaintiff L. the owner
OF the Johnstown Lode and AS
serts THAI the Deeds Are
Fraudulent and Void.

The Montana Ore Purchasing compa-
ny yesterday filed its answer at law In
the United States circuit court to the
suit brought by the Boston a. Montana
company. The defendant alleges that
1t is the owner of the Rarus lode claim;
that as patented the Rarus includes a
large portion of the premises described
in plaintiffs complaint as a portion Of
the Johnstown lode claim; that the Bos-
ton & Montana company was never at
any time entitled to any portion of the
claim except the surface and that the
defendant is the owner of all OF the
veins, leads, lodes and deposits within
the exterior lines of the survey of the
Rarus which have their top or apex
therein. The defendant further alleges
that 1t is the owner of the mining
ground contained within the exterior
boundaries of the Johnstown lode claim
and of all lodes and leads having their
top or apex in this parcel of mining
ground.
The defendant admits that the plant
if is owner OF the other portions OF the
Jamestown lode claim, subject to the
rights of the defendant, and to the own
ership of the Rarus lode claim and the
parcel of ground contained within the
exterior ines of the Johnstown above
mentioned. The defendant denies that
1t has entered the premises of the plant
if or upon any veins having their
apices in said premises or that 1t has
extracted ore belonging to the plaintiff
of the alu of $50, 900 or any other value.
1t claims that this ore was taken from
veins or lodes owned by the defendant.
save and except a small quantity of ore
| uyhf.h NraS aytrapfad from n vein or lode
owned by the Anaconda company, which
vein or lode has its apex in the Sullivan
lode claim. and which ore end ex-
tracted by leave or license from the
Anaconda company. The defendant
claims that the ores claimed by the
plaintiff to have been extracted from its
premises were extracted with the full
knowledge and consent of the plaintiff,
which admitted that the ores were the
property of the defendant.
In answer to the plaintiffs second
cause of action. the defendant denies
tha the plaintiff is the owner of what it
describes as the ~Johnstown lode claim,
lot 173; that the deeds p%urporting 10
convey the property of the Montana
corporations TO the plaintiff are fraud
ulent and void and were delivered with
out any consideration being paid there
for, and the conveyance was made with
out right and for the purpose of con-
ferring Jurisdiction upon this court:
that no meeting of the stockholders of
the Boston & Montana company was
ever held for the purpose of authorizing
a sale of the property and the stock
holders of the Montana corporations
never assented to the deciding of the
property. The defendant denies taking
ores of any value whatever from plant
IFS ground and alleges that all the ores
which II has heretofore extracted from
the premises described in the plaintiff s
complaint have been extracted from
veins or lodes having their top or apex
within the premises owned by the de
PENDANT. The defendant further alleges
that the plaintiff is claiming to recover
for ores extracted by defendant from a
vein or veins upon which the b. & NJ,
company had full knowledge that the
defendant was mining and which 1t has
at all times prior to the commencement
OF this action had knowledge and ad.
mitted were the property OF the defend
ant. and that the defendant had a good
right to mine and extract ores there
from.
The defendant asks that the actor
be dismissed; that the plaintiff take
nothing by its alleged cause of action
or either of them, and that defendant
have judgment for its costs.