Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-25
Hearing of the Motion For An
Injunction Ended.
THE DECISION RESERVED
For the PreSent--Trial Ofthe Harring-
tOn-Leggat Check Suit Post
poned--Other Notes.

| Inc nearing u Tie Ilolloi iAoNN ~
Butte & Boston company for an order
enjoining the Montana Ore Purchasing
| company from following the dip OF the
vein of the Michael Davitt claim was fin
ished this morning and taken under adj
visement by Judge Lindsay, before whom
it took place. There is rather a nice
point of law involved in the matter. 1t
| appears that 90 feet of the vein of the
Michael Davitt passes through an over
tapping corner of the Snohomish and ex-
! tends onward through the remainder OF
the Davitt. The Montana Ore Purchas-
| ing company is working this % feet and
| has followed it downward to a point
! within the side ines of the Davitt, claim
ing that it has a right to do so, because
tina part of the vein apexes in Snoho-
mish ground. The plaintiff claims that
the Michael Davitt, being a prior location
to that of the Snohomish, has a right to
all the vein within it's side lines.
Another point at issue is the claim of
the plaintiff in regard to the vein which
passes through the middle of the Snoho-
| mish. 1t alleges that as the patent was
issued for the Snohomish on this propo-
sition the Montana Ore Purchasing COM
| pany has no right to claim ownership of
the traction of the Michael Davitt vein
| which cuts the corner of the Snohomish.
The setting in the suit Of Phil J. Har-
rington VS.. John A. Leggat was vacated
by order of Judge Smith today. This is
the action in which Harrington seeks to
recover judgment against the defendant
for 81, 500, the amount of a check he al
leges he bought from a man named
Weart, who had Won it in a seven-up
game with Leggat. The suit has been
tried twice, the plaintiff getting a verdict
by a close margin each time. After the
first trial a man named Donovan told
John Forbis how the deal between Weart
and Harrington had been made, and this
fact was brought out at the last trial.
but nevertheless seven of the jurymen
concluded to give Harrington a verdict.
Later on one more switched over, making
the requisite eight. Judge Brantly occu-
pied the bench at that trial and after
wards granted a motion of the defendant
for a new trial. When the case was
called today the attorney for the plain
tiff presented an affidavit to the effect
| that his client could not safely proceed
to trial because of the absence of Peter
Breen and Tim Holland, material wit
nesses, from the city. The document al
legged that Holland was in Spokane and
Breen in the Occur d'Alene, where he was
engaged in the trial Of one Corcoran on
a charge of murder.
Judge Smith, who is occupying the
bench in department No. 1 of the district
court while Judge Lindsay is hearing in
chambers some matters in connection
with mine litigation, listened to testi-
mony and argument in the suit of Will
liam Lavell against James w. Kemper
yesterday afternoon and rendered a de-
cision this morning. The contest in
volved title to a portion OF the Red
Cloud and Brilliant mining claims, which
Lavell alleged he had mortgaged to John
O'Rourke, but which O'Rourke MAIN
tanned had been decided him. The judge
found that the conveyance dated June 8,
1891, executed by Lavell in connection
with the property, was an absolute deed
and not a mortgage; also that a convey
ance dated August 10 of the same year,
executed by O'Rourke and delivered by
John Sattee, Robert Dumont and Frank
M. Leonard conveying the property OF
Lavell in and to the Red Cloud, was also
a deed; also that a deed of August IL,
1891, conveying the claims from Sattee,
Dumont and Leonard to O'Rourke, was a
deed and not a mortgage. The validity
of a number Of other c~onveyances in
connection with the same property was
disposed of and then the court decided
that the deed executed by O'ROurke in
favor of the Northwestern Brick and
Supply company was not Lavelrs deed
but his own. This deed was dated April
/. 1892. After 1t was executed f. D. Le-
claire began an action against the
Northwestern Brick and Supply mp
and recovered judgment for $1,451, the
amount of his claim. On the 10th of
March, 1895, an execution was issued and
the Sheriff levied upon the portions of the
Red Cloud and Brilliant, which O'Rourke
had decided to the defendant. On April
s of the same year the sheriff sold the
property to satisfy the judgment and J.
w. Kemper bought it for $1,575.6S. 1t
was not redeemed. The deed given by
the sheriff, the court said, was still in
force.
j. O. Mcfarland, manager for the
Opera House company, was appointed
j 1rll a I'd q n e E . tnialx-