Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1899-07-28
TEXT OF STEEl'S DECISION
Reduce Transferred Interests 10 Hall
Ownership.

~ ~ " ,he decision recently rel
uered by Judge Steel in the p
buffalo grub stake suit. Accor,
ing to thus decision the plaintiff
nice q Mallory, are each entitla
20 "a quarter interest in the prone
", while the intervention su;t ,
IL. M. Glidden and wife for .
equal share in Riee's interest
sustained, the claim of j. C. Moor
being turned down.
The decision is as follows.
In the District Court of the Secon,
judicial District of the state :
Idaho, in and for the County q
Idaho. :
Jacob n. Rice and Perry Nal
lory, plaintiffs, VS.. B. r. Riglev
A. +. Mckenna, Mrs. Florenc
Young, Dell Butterworth, Michae
Green and Dell Butterworth. ad
ministrator of the estate of G. +
Robbins, deceased; and Marpare,
+. Glidden, Harry NJ. Glidden
and John G. Moore, interyenors
This cause is one brought by tn,
plaintiffs, Rice and Mallory, agains,
the defendants, B. X. Rigley, A,
r. McKenna, Mrs. Florence
Young, Dell Butterworth and
Michael Green and Dell Butter.
worth, as administrator.
AS to the defendants Riplev and
Robbins (the latter of whom is rem
resented by defendant Dell Butter.
worth as administrator, it is al
legged that the two plaintiffs and
the said two defendants entered
into an arrangement whereby it
was agreed that each of them
should share equally in any mineral
locations which might be made by
such OF the parties as did the locat-
ing, and it is alleged in substance
that the plaintiff Mallory had, pre-
vlous to the time Of entering into
the agreement, discovered certain
mineral grounds which he made
known to the defendants, Rigley
and Robbins, and that the plaintiff
Rice agreed to and did furnish
what is commonly known as a
grubstake, in order that Rigley
and Robbins should proceed and
locate the claims which had been
previously discovered by Mallory,
and that each of the four parties
were to share equally in such
claims. 1t is then alleged that the
defendants, Rigley and Robbins,
located the property, but neglected,
failed and refused to give to the
plaintiffs their interest in the
premises.
As to the defendants McKenna,
Mrs. Florence Young, Dell Butter
worth and Michael Green, it is al
eyed that they have received from
The defendants Rigley and Robbins
respectively deeds to some interest
n the premises, prior to the com
nencement of the suit, and that
hey received such interests with
knowledge Of the claim of the
and that the claims of
he last defendant are subject to
he rights of the plaintiff:
There have been two claims in
Intervention filed in this case; one
" Margaret P. Glidden and Harry
Il. Glidden and the other by John |
;. Moore. In the Intervention
made by the Gliddens it is alleged
hat they purchased an interest
rom the plaintiff Rice to the prem
ses in controversy. This COM
laint was not denied by any of
he parties. The intervenor Moore
lso elaine to have obtained an in
crest from the plaintiff Rice.
At the very beginning of the in
estigation of this case the Court
J met with the proposition ad-
anced by the defendants that, in
rider for the plaintiffs to recover,
is necessary for them to prove
he facts alleged to be true beyond
reasonable certainty; and it is in
isted that the ordinary rule by
hitch courts are governed in ar
wing at conclusion from the tes-
mony as to what a contract is,
IL: by preponderance of the tes-
mony, does not govern in this
lse. 1t is necessary for the court
, determine this question before
irving at any conclusion from
&c testimony, and careful exam
lation has been made of the law
pom this point.
1t is true that in this case the de-
.ndants Rigley and Robbins will
9 held as trustees, if the facts al
ged by the plaintiffs are true; but
he Court does not understand it is
ecessary in such cases that the {
laintiff shall establish the con-
act out Of which the trust arises {
.yond a reasonable controversy. {
is a familiar maxim that "The
w is in the reason for the {
W.; and what reason can be adj
,nced that a different rule should
)vern, or that the amount of {
'oof necessary in mining ven ]
ire should be greater than the
mount required in any other of I