The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-18
PACIFIC LODE CLAIM.
Ellen $. Corune begins an Action Against
the washoe Company.

Clayberg & Corbett and c. +. Dren-
nan. as attorneys for Ellen $. Corune,
yesterday filed the complaint i'm a
suit against the Washoe Mining com
pany. The complaint alleges that since
February s, 1898. the plaintiff has been.
and Is now, the owner of 5-1A interest
I'm and TO 1882 of the Pacific quartz lode
claim; that on February 5, 1898, the de-
fendant unlawfully entered in posses
sion of said premises and ousted the
plaintiff. and has ever since held pos
session thereof: that on or about Feb
ruary 8, 1898, Henry A. Root. Sarah NJ.
Cummings. May r. Dunbar. Elizabeth
s.. Ladd, Elizabeth Bowdoin. Calvi Il.
Davis. Harriet Wood. Elizabeth A..
Smith, Harriet II. sheffield, Henry A..
Davis, Edward A. Davis, Mary r..
Davis. George w. Davis. Charles O..
Davis. Morris A. Davis. Andrew j.
Davis. John f.. Davis. Charles II. Pal
mer. trustee, and Andrew j. Davis,
trustee. were and now are tenants i'm
common with the plaintiff in the said
mine at the date of the commence
ment of this action; that the plaintiff
and the persons named are the owners
i'm fee and entitled to the possession OF
the mine; that because of the number
of persons interested as tenants i'm COM
mon they nave not been mad parties
to this action. but plaintin has insti-
tuted 1t for her own benefit. as well as
for the benefit of each of said persons.
That at the death of Andrew J. Davis.
March IL. 1890. he owned the Pacific
lode and left it as part of his estate;
that on August IL, 1890. James a. Tai
bot was appointed special administra-
tor of the estate, and entered upon the
discharge of his duties. that on or
about the 18th of October. 1894. said
Special Administrator Talbot filed in
court a petition In writing that 1t was
To the advantage of the estate that the
Pacific lode be sold. and on the 18th OF
November an order Of the court was
made hat the lode be sold To the high
est bidder for cash; that on the 18th of
November the mine was sold to Silas +.
King for sos. 900. and the sale was con
firmed on the eth day of January, 1895.
and a deed for the same executed to
King by Talbot on the sth day of Jan
uary. 1895: that by later c~onNeyances
the Washoe company has become the
successor in the interest of King. and
is in possession of and claims title To
the mine as against plaintiff and her
That m the - day of
February. 1898. by an order Of the court,
the plaintiff and her became
vested with the right. title and interest
in the said Pacific mine. n neither the
plaintiff nor any of the tenants i'm COM !
mon have ever received any part or
portion of the said 500. 600 paid to Talbot
by King upon the pretended sale.
Plaintiff further alleges that all of the
proceedings whereby Talbot as special
administrator was authorized by the
court 20 sell the Pacific. and sold the
same and executed a deed therefor To
King. We're then and are now wholly
and totally void. and that neither King
nor his successors i'm interest. nor the
defendant have ever acquired any right.
title or interest in and TO the said mine,
but that il is the property OF the plain
tin and her tenants I'm commo
Plaintiff further alleges that at the
time of filing the petition for the sale
Of the mine. and up to and including
the time of making the deed. Talbot. as
special administrator. had no right or
authority 10 make or file the petition:
hat the court had no right or author
ity to authorze or direct any sale.
Plaintiff further alleges that the de-
PENDANT has for a long time been en-
gagged in mining the Pacific, and has
extracted from Il large quantities OF
gold. silver and copper ores. the value
of which are unknown TO the plaintiff.
and has appropriated the same to his
Wherefor. plaintiff prays judgment
against defendant: that the court make
a decree that the proceedings in pro-
whereby the sale was ordered be
declared null and void: tina the pre-
tended deed made by Talbot TO Wing
be declared null and void. and that the
plaintiff and the tenants in COMMON be
by the our 70 be the owners
and entitled To possession Of all of
Pacific lode claim. and that the de-
be required to account to plain
tin for all the ores extracted from the
and appropriated to its own
use.
one cannot afford to TAX chances on