The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-18
IN THE DISTRICT COURT
Another Turn in the Opera
House Litigation.
BEFORE JUDGE LINDSAY
A Temporary Writ Of Mandate Issued.
T. f. Stephens Authorized to Pay
Claims Against the Estate
of Frank Stephens.


house litigation yesterday, and upon a
peremptory writ of mandate issued by
Judge Lindsay, Silas F. King. repre-
senting the Murray interests in the
property, received a sheriff's deed to
the opera house. In december 1897 the
property was sold under an execution
on a judgment obtained by John
O'Rourke for 81 900, and King bought it
for $1,000. At the expiration Of -
months King applied for a sherifs
deed, but the property having been re-
deemed by O'Rourke and again by j. O.
Bender, both Judgment creditors, the
sheriff refused to grant the deed de-
manded by King, and the latter
brought mandamus proceedings. which
came up for hearing yesterday after
noon, j. K. Macdonald representing
King and Colonel Callahan and J. o.
Bender appearing as attorneys for the
other interests. After the pleadings
had been read the court was asked TO
fix the burden of proof and decided that
1t was on the respondents. After TAX
ing an exception to the courts ruling
Colonel Callahan announced that they
had no testimony to Offer Whereupon
Mr.. Macdonald asked that a peremp-
tory writ be granted, when was done.
The question which remains to be de-
cided is whether the King deed is good
as against the other redemptioners.
O'Rourke and Bender. which will be
determined in another proceeding.
Thomas F. Stephens, executor of the
estate of Frank Stephens, deceased,
We stfas-F n n
Lindsay authorizing him to pay eff
certain claims on property owned by
Charles A. Lindsay in order to prot oct
mortgage of $1,000 held against the
property by the Stephens estate The
executor represented to the court that
on July 80, 1898, Frank Stephens enter
ed into an agreement with Charles A.
Lindsay to furnish him with ST 900 with
winch to complete a building in the
Central addition, and at the time of
his death Stephens had paid Sc, 700 on
the agreement, leaving $500 still due.
me building ie now completed and
ready for OCCUPANCY, but there are
claims for material and labor against
1t aggregating $l,096, and the parties
holding them have threatened to file
liens against the property.
The clerk of the district court yes
terday received from the clerk of the
supreme court the full opinion given
in the case on the 18th of last month
IN the inheritance tax case of County
treasurer Kinds against Clara NJ. Will
cox. eXecutrix eof the estate of j. b.
Wilcox, deceased. AS stated in the
Standard at the time the decision was
rendered, it sustains Judge Lindsay
in ruling that there was no inheritance
tax due on the estate, because there
was no DarSOnaI rronarty and tbot aF
ter deducting the debts, the estate was
worth less than $500.
At the request of County Attorney
Connolly. an order was made yesterday
that Frank COnley and Martin Glea-
son of the penitentiary at Deer Lodge
be subpoenaed as witnesses in the case
of the state against John Ryan, a rob-
ber Their testimony is wanted to prove
that Ryan is an eX-convict
Babe SimingtOn yesterday commence
ed suit for divorce against Elias Sim
ington on the ground of desertion The
complaint in the case says that they
were married at LeaVenworth, Kas,
on August 10. 1879. On April 20. 1897,
the defendant deserted the plaintiff and
has since then failed to provide for the
support of herself and three children
1t is alleged that the defendant has
some valuable quartz and placer min
ing claims and also gets $12 a month
pension from the government, and the
plaintiff therefore wants alimony, and
also asks to be awarded the custody of
the two youngest children.
In the suit of the Anaconda Copper
Mining company against the Montana
Smelling & Mining company and James
A. Murray for the recovery of a lot
of mining machinery, the defendant
Murray, filed an answer in court yes
terdaw. alleging that he has a chattel
mortgage on the machinery as security
for $4,000 loaned the Montana compa-
ny, and that when he took the mort
gage he had no knowledge that the
plaintiffs had any claim to the prop
erty, though J. S. Hickey, an agent of
the Anaconda company, knew that the
loan was to be made on the machinery
Public Administrator Collins yester-
day pettioned the court for letters of
administration on the estate of Alber:
j. Lee, who recently committed suicide
Mr. Collins petition says the estate
consists of $3.50 in cash, gun, watch
chain, two meal tickets, a pawn ticket
for a watch and some clothing.
A suit for possession and the restitu-
ton of lot l in block % of the Butte
townsite, was brought yesterday by
Godfrey Lavell against Fannie Rueger
It. is alleged that the defendant, on the
first of January, 1896, took wrongful
possession of the property.
Judge Clancy yesterday ordered We
nire for $50 jurors to be issued, return
able next Monday.
Chean Excursion fo nenyer
On Jan. % (only), the Oregon Short
Line will sell tickets from Butte to
Denver at one fare for the round trip,
viz, $50, same limited for return not