Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-12-14
AdOlph WetzStein Is After the
C0manche Company.
HAS MINED 100000
Worth of Ore and He Wants His
Share of it--ASkS For a
Receiver.

Adolph Wetzstein VS.. the Boston &.
Montana Mining company is the title of
a suit filed in the district court today. In
the complaint the plaintiff says he is now
and has been since March q, 1894, the
owner of a quarter interest in the
Ccinanche mining claim, which was To-
Gated by N. L.. Turner and David N. Up
ton on or about January 10, 1879; that on
February %, 1889, Upton sold George H.
Tong a quarter interest; that on Novem-
Der IL, 1898, he also sold a quarter to H.
l.. Frank, and on March 81, 1894, the
latter sold him his interest; that not
Withstanding Upton had not sold any in
terest to anyone save Tong, the sad Tong.
F. A. Largely, Howard H. Zenor and N,
]. B~iclenberg, did, on or about June 3,
1890, enter the property for a patent and
did, as he is Informed believes,
~wrongfully and fraudulently and with in
tent to acquire for themselves legal title
to Upton's interest. omit andx eclude the
latter from the application of said patent:
that the time the application was made
Upton owned a quarter and the appli-
cants furnished to the United States land
office an abstract of title which showed
that Largely owned a quarter, Charles S.
III An j. blclCllDCIS q SIX"
teenth, Howard H. Zenor a sixteenth,
George II. Tong a quarter and D.. N. Up
ton a quarter, but Notwithstanding the
same and the ownership Of Upton the APP
plicants, on or about June 8, 1892, pro-
cured a patent and through the wrongful
and fraudulent acts of said applicants
Upton was excluded from it. That
by reason of these wrongful acts
they became the trustees of the
legal title of the quarter own
ed by Upton, but they failed to
convey the title to him; that they or
ganizad the Comanche Mining
for the purpose of deciding over all OF
their right, title and interest in and to
the Comanche claim and after it's or
ganization they qu;t-claimed to it their
interests for a stock consideration in the
company and caused the stock to be is
sued to themselves; that the Comanche
company paid no consideration for the
deed or conveyance and took the same
with full knowledge and notice of Up
tons rights and interest in the property
decided: that plaintiff, as the successor
to the Upton interest on March %, 1894,
began an action in the district court
against the Comanche company and the
individual members named to have the
defendants declared the trustees of
Plaintiffs interest: that on January 3.
1896, a decree was entered against plain
tiff: that a new trial was denied and the
matter was taken to the supreme court
where it is still pending: that notwith-
standing the tendency of the action the
tomanche on or about Now
eniber 10, 1896, executed and delivered to
defendant a deed of conveyance p,1r-
porting to convey to 1t all of the Conn
anche claim; that the defendant took pos
session of the property and has ever
since and does now refuse to
PLAINTIFFS title to a quarter interest;
that since 1895 it has mined and carried
away ore valued at $4.O o0, OCo and by rea-
son Thereon is indebted to plaintiff a quar-
ter of the amount.
Plaintiff further alleges that he is in
formed n believes tina the defendant.
II 1t can. intends to transfer all of it's
property to a corporation formed outside
OF the state and then claim that it has
been dissolved thereby, and unless a re-
ceiver is appointed to take charge of the
property he will suffer irreparable
damage and loss.
WetZstein also says he has demanded
to be let into possession of his interest
and his share of the ore on the dunn
and is ready and willing to pay his
share of the cost Of mining said ore. but
defendant refuses to recognize his rights.
In conclusion he asks to be adiudged
tho owner of the Upton quarter; that a
receiver be appointed to demand and re-
ceive a ouarte@ of the ore on the dump
and all the ore hereafter mined: that
ne, the receiver, be allowed at any and
ali times to II the workings of the
property.
Mediation & Cotter are plaintiffs at
tOrneys.
Justice Nichols held a levee today and
disposed of three eases. One. Seaton.
pleaded guilty to assault and battery an