The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-16
IN THE DISTRICT COURT.
Nj. l.. Helm Asks to Have Her Mothers
VIII Set Aside.

| Missoula, Feb 15.--Somewhat of a
| sensational action was commenced to-
! day in the district court, wherein Mary
| L. Helm of San Francisco sues James
E. Smith of this city to have set aside
certain deed said to have been OBJ
tanned by Smith from the late Martha
Smith through undue influence and
false representation on the part OF said
j. E. Smith The plaintiff and defend
.ant are sister and brother, and accord
ing to plaintiffs complaint, are the only
living children and only heirs of Mar
tina Smith, mother of the litigants, who
two weeks ago died in this city after
brief illness, though at ripe old age
Complainant alleges that Martha
Smith died possessed of the well known
Smith ranch located seven miles
south of Missoula, together with large
number of cattle and horses and other
valuable property, all of which is said
to be readily and easily worth tie sum
of $4,000. That said premises and prop
erty really belong share and share alike
to the said Mary Helm and j. e Smith
as legitimate relatives and heirs of the
said Martha Smith, and that said prop
erty should undergo due process of pro-
bate and be administered upon as other
property left by parties or persons dy-
ing intestate. Plaintiff further AYERS,
however, that instead of leaving such
property to be probated the defendant
Smith by undue influence prevailed
upon the dying mother to deed to him
absolutely and exclusively the proper
ty in question and that thereby the
daughter and plaintiff Helm has been
deprived of her rights in such estate,
and IN consequence, asks The court that
the deed be cancelled. annulled and set
aside and the property administered
upon by some administrator to be here
after appointed by the court.
The parties to the action are we'll
known in this city, the plaintiff having
formerly resided here, where she was
then known as Miss Mary Smith,
though who subsequently moved to San
francisco, where she, married promi-
nent Californian named Helm, who has
since died, leaving tie plaintiff a widow.
The defendant is an old resident of Mis-
soula and vicinity and will be remem-
Dered as enc of the prosperous farmers
OF the lower Bitter Root valley, where
he resided UP to year ago, subsequent
ly leaving the ranch now in controversy
and accepting employment with the
Northern Pacific, with Which concern
he is still connected with the enjoyment
OF lucrative position. John NJ Evans
and S. G. Murray represent the sister
and complainant. and it is understood
that Joseph NJ Dixon will appear for
the defendant when the proper time ar
rives for representation in court.
The following business was transact
ed in the district court to-day, Hon. F. ,
II. Woody presiding, after which
court adjourned until 10 o'clock Thurs
Gay morning.
M1ssoua county VS.. James Martin.
leave granted to file amended com
PLANT.
Burbank vs. Hay & Co. Judgment for
plaintiff for 1922 and costs.
Smead vs. Cromie, demurrer over
ruled.
Evans vs.. Williams, defendant grant,
ed 48 hours to answer
Wilson VS.. Wilson, demurrer over
ruled.
Stillinger VS.. Pablo ct al, same rul
ing
Markie vs.. Cave, demurrer sustained
and plaintiff granted 10 days to amend,
ms IS an action wherein tie plaintiff
seeks to recover from County Treasnr-
er cave certain number of cattle lev
led upon by the officer on the Flathead
Indian reservation, where the property
is situated, such levy having been made
on account of the failure of tie plain
tlf to pay taxes on the chattels, TIE
levy is resisted by the plaintiff, WHO al
ieges tnat Indian property on a resar-
walton is exempt from taxation and
an interesting question lis taerc-
by brought up, the ruling.
on the demurrer had no Far
tlcular reference to the legal phases of
the action, hence its merits are still
unknown. The plaintiff is represented
by Joseph NJ. Dixon and the treasurer
by County Attorney Denny.