Daily inter mountain., 1899-09-18
The Exemption Claim Figures
in a Suit.
THE BIG MINING CASE
Testimony Resumed With a Colo
radO Expert on the Stand
Other Court Matters.

plant today against Lulu +. Largey as
Administrative Of the estate of Patrick
A. Lareey, deceased. The complaint is
hled to recover what is known as the
Exemption quartz lode mining claim in
Silver Bow county.
The plaintiff alleges that on October %,
1897, Patrick A. Largey became the pur-
chaser Of the property at sheriffs sale
to satisfy a judgment wherein Samuel
Mulville was plaintiff and the Exemption
Mining company was defendant. The
purchase price of the property at the sale
was $2,167.15, and on the 25th of October
the sheriff issued his certificate of sale.
Plaintiff sets forth that since the time
mentioned in certificate of sale the time
of redemption, provided by law has
long since expired and the owner of the
certificate is now entitled to receive a
sheriff's deed for the property The plain
tiff further sets forth THAT Largey, at the
time Of making said purchase, was the
president of the plaintiff corpora ton, and
in making the purchase was acting for
and on behalf of the plaintiff as it's agent
and trustee and not otherwise; that it
was so understood by the plaintiff, and
that it was further understood that an
assignment of the certificate of sale
would be made by Largey to plaintiff, or
to the party named by it.
The certificate of sale still appears in
the name of Largey and plaintiff prays
that it be declared the owner of the GER
tlficate, and that the defendant as ad-
minstratrix of the estate of Patrick A.
Largey be decreed to have no right, title
or interest in it.
Peter Farley brought an action today
against Joseph b. Fagan to quiet title
to the Josephine quartz lode mining
claim. The claim was located in 1892 by
M. A. Donohue and James w. Murphy.
Frederick c. Bulkley, the Colorado
mining expert, resumed his testimony
this morning in the big mining suit be-
tween the Boston & Montana company
and the Montana Ore Purchasing COM
pany.
Mr.. Bulkley told all about faults, which
a layman would have difficulty in COM
pretending His evidence consisted prin-
cipally of Il description of the veins east
of the faults and the veins west of the
faults. Just before court adjourned for
the noon hour a. question was put to him
as to the veins between the faults. Mr..
Bulkley used a chart and black board to
explain his references to the mine forma-
tons. The language used by the expert
in his explanations was rather technical,
and much Of 1t would make uninterest-
ing reading to one unacquainted with
much to say which will probably have an
important bearing on the case. AS stated
before, Mr.. Bulkley gives his evidence
with the aid of maps and diagrams. His
examination seems to be of great inter-
est from a legal standpoint. The attor-
neys for the plaintiff We're taking elab-
crate notes on the testimony of the wit
ness, with the evident purpose of sub
jectlng him to an extended cross -exami-
nation.
Mr.. Bulkley this afternoon is continu-
ing his testimony with reference to the
veins between the faults.
In the case of Fred Lohse against
Peter Stury the defendant today filed
motion to set aside judgment which was
obtained against him in the action last
June. Mr.. Stury's motion alleges that
the plaintiff did not state facts sufficient
to constitute cause of action, and that
the court had mot acquired jurisdiction.
In the case Of the State of Montana ex
rel Joseph Volker VS.. c. G. Rhoades and
Benjamin TWitcher, the defendants by
their attorneys to-day filed demurrer to
the complaint on the grounds that there
is a defect or nisJoinder of parties, that
the complaint does not in nay way show
joint operation, and that sufficient facts
are not stated to constitute cause Of
action.
Two dispositions were filed Saturday by
Lee w. Foster in the case of Lee w. Fos-
ter ct al, plaintiffs, vs. Louis V. Bender
ct al, defendants.
Elizabeth Reese has filed petition in
the district court for letters of admins
tration in the matter of the estate of
John r. Reese. deceased. The petition
shows that the said John r. Reese died
intestate on or about the elevnth day of
August, 1898, and petitioner asks for
the custody of all the property.
"A BREEZY TIME"
Fitz E. Webster's "A Breezy Time "