The Anaconda standard., 1899-12-13
ITS AN UNUSUAL SUIT.
Litigation Over a Microscopic
Strip of Land.
THE BANKER LODE CLAIM
Wants $500 Damages and $500 for
Rents and PrCf1ts-Three Felons
Were Taken to the PEN
itsntiary.

]. B. Hennessy and Mike Hennessy
are the defendants in a rather unusual
suit which was started in the district
court yesterday by William T. Hoar
The suit is remarkable as to the sub
ject matter. This is a strip of land a
foot and two hundredths wide at one
end and ninaty-eight one hundredths
of foot wide at the other. 1t is also
remarkable as to the claims made by
the plaintiff against the defendants
relating to the strip, these being for
possession of the strip, 5000 for dam
ages done to it and $500 for rents, is
sues and profits springing from it in
eight days.
The plaintiff says in the complaint
that he has owned the portion of the
Banker lode claim known as lot Sd,
since 1890, and that on or about the Attn
of December, 1899, nine days ago, the
defendant entered upon the lot and
took possession of a strip of ground
lying north of the south boundary,
which strip is 1.02 feet in width at the
west end and ninety-eight hundredths
of foot in width at the east end. He
further says that the defendant, be-
tween the 4th and the 18th of Decem-
Der, 1s99 plowed and scraped and dug
and removed portion of the surface
and built a fence upon the strip, dam
aging the premises TO the amount of
$500. The defendants have remained in
possession of the strip of land since
they took it, and are now in posses
sion of it. The complaint adds that
the defendants have wrongfully and
unlawfully withheld the land from the
plaintiff since the 4th Of December to
his damage in the suna of $780, also
nf he nd
profits of the premises since the 4th
of December is $500.
In view of the foreg ding allegations
the plaintiff asks the court to award
him judgment against the defendants
for the possession of the strip of land,
and profits.
At the rate at which the plaintiff
values the rents and profits of the strip
of land in dispute, which man would
hardly be able to stand upon without
projecting beyond its boundaries, it
ought to net him $4,000 a year when
he has it rented.
In the case of James w. Lacey
against John Butler and wife, a set
tlement and satisfaction of the action
was filed in the district court yesterday.
This case was brought UP to the dis
trict court from a justices court.
Three men convicted recently of fel.
onies in the district court here We're
taken to the state prison at Deer Lodge
yesterday. They were taken down BY
Deputy SheriffS Murphy and Shay. Ed
ward Erickson, John Hesley and Will
lam McGill We're the men. Hesley was
convicted of murder and the others OF
assault. Hesley will serve six month:
for killing John Currie, Erickson will
serve FIVE years for striking a mar
with pocket knife and McGill will
serve eight years for beating some
women with a car link.
"a complaint was filed in the district
court yesterday in the case of w. A
Clark and j. Ross Clark against F. F
Irvine. The suit is to recover $1.512.S(
on promissory note, with interest OF
the note at the rate of 6 per cent pei
annun since October %, 1895; also tC
recover 10 per cent of the amount due
on the note as an attorneys fee ant
costs. The complaint alleges that the
note was given by the defendant ane
E. II. Irvine to w. A. Clark at the
banking house of Clark & Brother OF
the Esd of October, 1885, and that w. A
Clark afterwards indorsed the note t.
the plaintiffs, who are now the holder
of it. None of the note or interest ha
been paid by the makers, according t.
the complaint.
reply was filed by the plaintiff il
the district court yesterday in the cas-
of W. McWhite against w. w. Adams
The plaintiff denies in it that the de
fendant offered to turn over to him ;
lease on certain ice ponds in conse
nance with an agreement betwee,
them. The defendant agreed to leas
the ponds to the plaintiff for a yea
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