The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-10-12

The Grand Central Mining company
s. involved in another lawsuit. and this
lime is named as a defendant.
The attorneys for Daniel Kelly, ad-
ninistrator Of the estate of Timothy
Kelly, deceased, II. n. Mccartney and
d- 5. Josephs yesterday finished the
.eVork OF arranging a complaint in suit
20 be filed in the district court at Nephi
against the Grand Central Mining COM
pany, c. II. Blanchard and Henry Kohl.
The papers prepared will be sent to
Nephi tonight and win be filed early
tomorrow morning.
The complaint alleges that on the 10Th
Jay of May, 1891 Timothy Kelly, Henry
Kohl and G. II. Blanchard were owners
Df and in possession Of the Springfield,
King William, King Bee and Red Jack
t lode mining claims, in the Tintic
mining district.
i is further alleged that Timothy
Kelly was at that time the owner of an
undivided one half interest in the
claims named and was a co-partner
Nith the defendants Henry Kohl and
e. il. Blanchard.
The plaintiffs state that Kelly. up to
The time of his death, was in actual
Possession OF the property alleged to
|helong 10 him: that he had performed
development work upon il and had fully
compiled with all the laws necessary
/ to hold them, and that the administra-
tor, Immediately after his appointment
took possession OF the property in the
.nterests Of the estate Of the deceased
Rnd Carried out all the functions neces-
sary TO hold them under the laws of the
United States.
The. complaint alleges further that
sHbout the Esd OF May. 1889, the defend
sants Henry Kohl and c II. Blanchard
lcolluded and conspired together to de-
Heat and defraud Timothy Kelly of his
Interests il the mining claims named
'by amending the notice of the King
William mining claim, which was re-
|staked and otherwise changed. There
supon a notice was fled in the county
Recorders Office Of Juab county
The plaintiffs further complain that
5the defendants Kohl and Blanchard
fcaused the claim to be surveyed for
patent and on Oct. 1. 1889, filed an. ap-
1plcation in the Uniaed States land Of
|fice for a patent for the whole of the
king William mining claim; that they
|received a patent about Jan. 9. 1892
for the claim. to the exclusion of Tim
Iothy Kelly and thereby became and
Were trustees Of Timothy Kelly, hold
ling in trust for him his undivided one
half interest in the King William min
ling claim, which, under the description
snamed in the patent, embraces portions
.of the Springfield. King William, King
bee aud Red Jacket mining claims
The complaint affirms that during
|his lifetime Timothy Kelly sold and
conveyed an undivided one-fourth in
Iterest in the King William to the plain
|tiff, H Nj. Mccartney. and also an IN
divided one thirtieth interest in the
|same claim to the plaintiff II. S. Jo-
.sephs, and that they, together with the
Theirs to the estate of Timothy Kelly
deceased, are now the owners and hold
|ers Of an undivided one-half interest in
the King William claim.
The plaintiffs Mccartney and Josephs
commenced action in the First district
|court of the territory Of Utah on Jan
%, 1891, for the purpose Of establishing
the interest Of the plaintiffs and for the
purpose of quieting the title in the King
William claim. They allege that after
the commencement of the action Tim
|otby Kelly died, and that the defend
ANTS Kohl and Blanchard, before any
administrator of the estate of Timothy
Kelly had been appointed. illegally and
without the estate of the deceased.
Kelly. being represented. procured an
order from the court for q dismissal of
this action.
After this was done the plaintiffs
complain mat the ueTendanIS kOhl and
Blanchard transferred the King Will
liam claim TO the Grand Central Min
sng company, that corporation being in
fun knowledge of all the rights of the
plaintiffs. Since Jan. g. 1892. it is
Claimed, the Grand Central company
has been extrating ore from the claim,
which the plaintiffs have reason to be-
leFe was valued at at least S2O0 900, for
which they ask judgment for the pro-
portionate interest claimed by them,
which is 100000
They also ask for a decree Of the
court establishing the rights of all,
both plaintiffs and defendants. to the
ground IN conflict. The plaintiffs agree
to pay their alleged proportionate share
OF all expense incurred by the defend
ants in patenting the King William
claim and for the cost of extracting and
marketing the ore from the ground.
They also ask the court to have con-
veyed to them their rishtful interest
by good and sufficient warranty deed.
The attorneys for the plaintiffs are
Morse & Whittemore and King, Burton
& King. A similar case is being pre-
pared in which the title to the Wedge
wood claim is questioned, the same par