The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-18
Butte & Boston Sued by Clara
Larkin and O'Connor
TO RECOVER POSSESSION
Alleged by the Attorneys for the Heinzes
That Larkin Was Insane When
He Transferred the
Property.

nor by the attorneys for the Heinzes.
Curiously, perhaps, and possibly by ac-
cdent, the case found it's way into
Judge Clancy's department like almost
all the other Heinze suits against the
Boston company. The suit is brought
for the alleged purpose of recovering
possession of a half interest in the
Snohomish and a two-thirds interest in
the Tramway lode claims, which were
purchased by the Butte & Boston from
James Larkin in 1896 for $4,000. 1t is
alleged that Larkin was insane at the
time and incapable of compromising
what he was doing when he sold his in
terests in the mines, and that therefore
the deeds are null and void. Miss Lar
kin, one of the plaintiffs, is the only
child of Larkin, and O'Connor is the
Boston & Montana company, brought
an action to have that corporation dis
solved and it's property sold by a re-
ceiver. The, complaint in the suit filed
yesterday covers a dozen typewriter
pages, and besides asking for possession
of the interests in the two properties,
asks for an injunction to prevent the
defendant company from mining on the
Snohomish vein, and Judge Clancy
granted a temporary restraining order.
The complaint alleges that during 1893
and for long time prior to that year
James Larkin, now deceased, was the
owner of a half interest in the Snohom-
ish lode claim and two-thirds in the
Tramway, and during that year and for
long time prior thereto Larkin was
incapable, by reason of physical and
mental weakness, of attending to, con-
Quoting or engaging in the ordinary af-
fairs of life, and during all of that year
he was laboring under mental derange-
ment. was insane and mentally incom-
petent to manage his property or to
deal with it or to enter into any contract
or agreement with reference to the
above described property or any Of his
property, and was wholly unable to
comprehend the nature or consequences
of any act, contract or transaction with
reference thereto, or to exercise his will
regarding the same, and was without
Judgment regarding the affairs of life,
or his business or property. and was
without mental capacity to make any
| contract with, reference to his property,
| or to sell or dispose of the same. The
plaintiffs are informed and believe that
the Butte g. Boston Mining company,
on the 4th day of May, 1893, and while
James Larkin was suffering from men
! tai arrangement and was insane and
| entirely unable to transact the ordinary
! affairs of life, or to understand their ma
>ture or effect. or to exercise his will in
| relation to them, the company caused
and procured Larkin to sign, acknowl-
| edge and deliver to it a certain deed in
writing purporting to convey and quit
n m ri oh Ia into tf
the above described lode claims, and the
| plaintiffs allege, upon their information
and belief, that all the time the nego-
tlations were had with Larkin, which
resulted in the deed being signed and
delivered, he was suffering from mental
arrangement and was entirely incompe-
tent to manage his property or to I'M
derstand the nature and effect Of the
deed he signed, and the Butte & Boston
company had full knowledge of his
mental condition at the time, but not
withstanding that and Larkin's condi-
ton of mind and his lack of under
standing the Butte & Boston nevertha-
| less continued to unjustly deprive him
| Of his property and gain an undue ad-
vantage for itself with regard thereto,
and did then and there, by means of
undue influence and persuasion on the
| part of its officers and agents, exercise
upon Larkin, by representing to him
| that it was for his benefit and advan-
tage, to sign and deliver the deed; took
advantage of his weak and deranged
| mental condition and want of Will and
understanding and, Notwithstanding
the property was of great value, induced
him to sign the deed and deliver it to
the defendant for a very inadequate
and unjust consideration. The prop
erty at the time the deed was given
was reasonably worth five times the
n mr. 1Df rnntl FE,, l,,t q
ton, and the latter knew at the time
that it was procuring the deed for a
small and inadequate consideration, but
Notwithstanding such knowledge it
falsely and fraudulently, through its
officers and agent, reported to Larkin
that the price which it offered to pay
and paid to him therefor was the full
value of the property. The plaintiffs
further aver that had it not been for the
weak, deranged and insane mental con-
dition of Larkin and the undue influence
exercised over him by the defendant lie
would not have signed or delivered the
deed. Larkin never recovered his mental
faculties and never had the power to
exercise his will with reference to said
transactions, or to disaffirm them. but
he continued to be insane up to the
time of his death, and for these reasons
the deed of conveyance should be ad-
judged null and void and not to convey
any right or title from Larkin to the
defendant company or its receiver.
The complaint recites the facts rela-
tive to the ownership by the Butte &
Boston, the appointment Of a receiver
for that company and it's subsequent re-
organization. and. continuing, alleges
that James Larkin died intestate on
Aug. 4, 1898, and that Clara A. Larkin
is his only child and heir and as such
is now entitled to the half interest in
the. Snohomsh and the tWo-thirds in
terest in the Tramway. 1t is alleged
that the Butte & Boston paid only
$4,000 for the property and since it has
had possession of it it has taken out
ore that was in value greatly in excess
of that amount. The plaintiffs offer to
repay the defendant the $4,000, with
interest. upon a cancellation of deeds
and an accounting of the ores taken out
OF the property.
As second cause of action, it is al
legged that the Snohomish vein dips I'M
der the surface of the Michael Dewitt
and Never Despair lode claims and that