The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-06-20
MINING PARTNERS FALL OUT
SUIT FOR $4,000 WORTH OF
PROPERTY.
Mining Claims In Little Cottonwood
Involved - Charges of Fraud
Against J. J. Brunswood.

In a suit filed in the district court
yesterday afternoon James ]. Bruins
wood. mining prospector, was prac-
| tically charged with fraudulently re-
tanning possession of a part of two
claims said TO be worth about S45, 900.
1t is charged that he, after being fur
nished money to prospect and to work
them. threw his partners out by force
of arms"
The two claims in question are the
Utonian and the Utah Volunteer in the
Little Cottonwood district. The COM
plant filed by w. A. Sidney Albert
Shaw and Frank Atwood, sets forth
that Sidney made on agreement with
Brunswood to find persons who would
put up money for the expenses of pros
pecting, locating and working the
claims
Brunswood has come to him. so it is
alleged, and said that he knew where
there were valuable properties, but he
did not have any money. He told Sid
ney that il he would secure persons
with money each party should have a
one-third interest in the claims. Sid
ney and Brunswood made an investiga-
ton of the properties and Sidney be-
ing satisfied with them, induced Albert
Shaw and Frank Atwood to furnish
the money, for which they were to Sc
cure a one-third interest Tie COM
plant charges that instead of locating
the claims in the name of the plain
tiffs and of Brunswood, BrunSwood in
serted his own. name in the location
notice, but agreed that he would convey
the same to the other parties in proper
tions above stated and that, notwith-
standing his name was the only one
inserted in the location notice. that all
of the parties should have their Just
proportions of the claims"
But, it is charged, Brunswood did
not live up to his agreement.
Notwithstanding the fact that the
two claims were located in Brunswood's
name the money was furnished by
Shaw and Atwood and all of those in
terested worked the claims together.
While they were at work upon the
claims the agreement was modified, so
the plaintiffs say, it being decided that
each party should have a one-fourth
interest in them.
Later on Brunswood repudiated his
contract with Shaw and denied him any
right to the properties. as he had no
legal title there was nothing for him
to do but to submit. Then it is AL
legged the remaining three made new
agreement by which each was to have
a one-third interest in the properties.
and all worked together under this ar
fdhSeHeht LOT Time But the under
standing did not last long. Brunswood
still had title to the properties, and he
finally threw Shaw and Atwood out
on Sept. l. 1898. He did so, they de-
clare, with force of arms"
Now that these two have received
the same treatment melted out to Sid
ney they have sided with him again
and all have begun this suit But. if |
they are to be believed, he took further |
precautions to hold the properties, for |
he decided them to James \. Mahoon. |
The plaintiffs declare their belief that |
he furnished Mahoon the money with /
which to make the purchase and that |
the transfer was thus fraudulent.
They say that large quantities of ore. |
the value of which is unknown, have |
been removed by BE-lnswood. They |
want the judgment OF the court for
of the claims or 100000