The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-27

testator being made. and that, IL upon
such deduction being made IL was
found that the value of such property
was less than the sum Of s.. 800, no tax
could be imposed.
The order to show cause Is dismissed
and the ~executrix is dismissed and dis
charged from the payment OF any in
heritance tax"
Judge Lindsay also decided the case
of Frank Boucher against Joseph Bar
SALON, an action involving some city
property. and made a number of find
ings OF fact and conclusions of law, as
follows:
Findings of fact: First-The court
finds that on the 22d day Of September.
A. ID. 1890, the defendant conveyed to
Samuel Ayotte the lands and premises
described in plaintiffs amended COM
paint herein. by a certain deed i'm writ
ing, absolute on its face. which instru-
ment was recorded i'm the Office of the
county clerk and recorder Of Silver
Bow county. Montana. on the sd day
of September. A. ID. 1890.
"Second-That thereafter the said
Ayotte paid all the taxes. assessments
and other expenses OF the said prep
erty.
"Third-That the said instrument 80
eiNth Wy w utltnudnl ftdFSaIDu, WAS
given by Barsalou and accepted by
Ayotte as a mortgage to protect said
Ayotte from n damage he might sus-
tain by reason OF having Joined with
said Barsalou in the execution of a GER
tain promissory note for $500 in favor of
w. A. Clark * Brother, and which sal.
note was q to become due and
payable.
"Fourth-That i'm consideration of
The said annNnNrnn.a tho said t,.
agreed to pay the said note when die.
ana upon payment Ia him of sucn
amount as he should pay on said note
with interest thereon up to the time of
said payment. the said Ayotte agreed
that he would reconvey the said prop
erty n all of IL to said Barsalou. That
the said so in form an alb
solute conveyance, was. as between the
parties thereto, understood to be a
mortgage to secure the payment of
such sum OF money.
"Fffth-That he said deed still re-
mains OF record and dissatisfied as an
absolute deed.
"Sixth-That on or about the - day
of -. 1890. the defendant Barsalou paid
to the said Ayotte all money secured
by said conveyance.
"Seventh-That the said yotte failed
and refused. after demand made upon
him by the defendant Barsalou, and
after the payment to him OF the said
amount, to to said Barsalou
the said property or any part thereof.
"Eighth-That after the said defend
ant had demanded a reconveyance of
the said property n the same was re-
fused by the said Ayotte. he failed to
take any steps to procure a
of the same until about the 9Th
day of March. A. ID. 1897.
"Ninth-That on or about the Goth
day of February. a. ID. 1897, and while
said property was standing i'm the
name of the said Ayotte on the records
Silver Bow county. Montana, the
Ayotte sold and transferred the
to this plaintiff. for a valuable
consideration, to-wit: the sum of 81. 300
and the assumption of a certain mort
gage thereon amounting to the sum of
>l,150, which said mortgage was given
by the said Ayotte with the knowledge
and consent of the defendant.
'Eleventh-That at or before the date
of he conveyance to him the plaintiff
Boucher had no notice that the de-
PENDANT Barsalou claimed to be the
owner OF the property in question.
Conclusions of law: First-The de-
was guilty of laches i'm not
seeking or attempting to enforce his
equitable right in the said property, IL
my he had. prior to the day of -.
A. II. 1897.
"Second-That the plaintiff Boucher
purchased the premises i'm good faith,
for IA valuable consideration, and
had no notice at the time of the con-
to him that the prior I'VE
ince made by the defendant Barsalou
% Samue Ayotte was a mortgage, or
hat the defendant claimed to own the
''Third-The plaintiff is the owner of
he property in controversy IN this ac-
ion as described in the amended COM
,laint herein.
"Fourth-Upon the foregoing findings
II fact, defendants equitable defense
herein must be d~isallowed, for the rea-
ION herein above stated"
A question of public health was in
'olved in the argument of "a demurrer
'efore Judge Clancy yesterday morn
ng In the appeal cases of the city of
Suite against ex-Gov. J. +. Richards
md John Noyes. The defendants were
and fined i'm the police court
or violating the health ordinance rela-
to the a~bolishing Of vaults and
esspools within the sewerage districts
the city. The ordinance make il a
TO maintain such null
ances where sewers run along the
and connections with IL can
e made. T.. :. Booth. counsel for the
in arguing the demurrer.
laimed that the ordinance was illegal
nd the city did not have the power To
nforce its provisions. Judge Dewolfe,
ppearing for the city. said IL the city
ould not enforce such a health regula-
IL would be possible for some peo-
lie to endanger the health of the whole
and make the city almost
He thought the matter
ias as revolving to reason as il was to
he senses. Judge Clancy overruled the
annttrrar