Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-08-07
L. S. Hatch Asks the Court to
Dissolve an Order
MADE LAST SATURDAY
Restraining Him from Prosecuting
Work on the New Race Track
An Affidavit.

The suit commenced in the district
court Saturday by Charles w. Cannon
and Joseph V. Long against Llewellyn
S. Hatch to recover judgment for $1,000
damages and restrain the defendants
from prosecuting work on the new race
course on the fiat south of the city, is
assuming proportions that promise to
become colossal. Late in the evening the
attorney for the plaintiffs got Judge
Clancy to sign an order compelling the
defendant to stop operations, but today
Daniel Yancey, for the defense, applied
to the judge for a revocation of the order
on the ground that the complaint against
the defendant states that on the infor1na-
ton and belief of the plaintiffs the de-
PENDANT is insolvent and cannot respond
in damages. Mr.. Yancey told the Judge
that title to the ground in question was
in conflict and demonstrated this fact by
calling his attention to the complaint
filed July II by the same parties against
Johns and As others, in which the court
is asked to give the plaintiffs possession
of the ground and 1925, 600 for rents and
profits alleged to have accrued to the
defendants since February 8, 1898, at
which time plaintiffs claim they acquired
title to the property from the govern
ment. In support of the request for a
revocation of Saturdays order, Mr..
Yancey read the following affidavit made
by Defendant Hatch:
IL. S. Hatch, being first duly sworn,
deposes and says: That a suit in equity
was heretofore commenced in the federal
court against the plaintiffs for the cam
collation. of the patent mentioned IN their
complaint, which suit is still undeter-
mined and yet pending. That the sad
plaintiffs are not the real parties in in
terest in the suit commenced against af-
fant, and they are not the owners Of
said land; and affiant is informed and be-
lieves that they are simply the agents
for a lot of land grabbers who are trying
to harass and annoy one Enoch Johns.
the true owner thereof. hat the said
premises are a part Of an odd section of
land within the limits of the land grant
made by the United States to the North
ern Pacific Railway company, and was
thereafter duly granted to Johns, who is
in exclusive possession OF the same, as
may be seen by reference to the COM
plant of said plaintiffs now On record in
this court; and that the said Enoch Johns
has been in open, notorious and hostile
possession of the same for more than 15
years, claiming the same as his own by
virtue of his titles, to-wit: By reason
of a homestead entry and also by virtue
VI d EIdll Ny 5OoA NoiISS ~ AAoAAA viz
Northern Pacific. That the plaintiffs
made their pretended purchase of said
premises with full, knowledge (both ac-
tual and constructive of the said titles
and said possession. That before the
commencement of this action and before
the issuance of the restraining order said
Johns did lease, demise and let twelve
acres of said premises to affair for the
purpose of allowing it's use as q race
track or place to train and speed horses.
That said parcel of land was, and now
is, barren of any vegetation and the sur
face thereof composed in the most part
of Sane and small gravel and is of rough
and uneven character. That the work
contemplated, together with that already
done, consists in blowing the high places
and dragging the loose dirt and sand into
and upon the low places; and all of said
work inures to the advantage or and IN
creases the value of said land and also
increases and adds to the value of the
surrounding acres of said quarter sec
ton. That all Of the said work done and
all that contemplated, if it could in any
n be deemed a damage thereto,
could easily be ascertained and damages,
if any, calculated thereon, and that no
irreparable or other damage or injury
is lone or contemplated on sand premises;
and that said moving of said dirt and
SAND could easily be replaced and left in
the same condition as it originally lay
for a small sum of money!"
c.. D. Tillinghast appeared for the plain
tiff and opposed the motion to revoke the
order. Each side presented it's case at
such great length that when the hour for
partaking of the evening meal arrived
the end was not in sight, but the judge
calculated to have it finished before
night.
Anton Strasser vs.. ]. j. Eager ct al. is
the title of an action commenced in the
district court today. The plaintiff al
leges in his complaint hat on February
"a, 1898. he gave the defendants a mort
gage on lots 5 and 6 of block 8 of the
Terrell addition to secure the payment
of a 81 900 promissory note and interest
on it, the note being payable a year after
date: that he also ave them the right
to collect the rent from the property and
apply it on the payment of the note and
mortgage; that they nave collected the
money and refuse to account for it. He
thir.s there is now due on the note s4oo.
which he says he has rendered the hold.
ers. Plaintiff asks for an accounting ana
that he be allowed to redeem the mort
gage,