The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-30
BUTTE NEWS.
BEFORE JUDGE LINDSAY
A Decision in the Dutton-Cobban
Suit.
AN INJUNCTION ISSUED
A Large Number of Probate Matters
Heard - An Information Filed
Against Jack Ledford-- Cases
Set for Trial.
N INJUNCTION ISSUED

Judge Lindsay yesterday made a
rather important decision in the case
, of c. e. Dutton against George A. Cob
ban and others relative to the right of
the owner of a lot of ore under street
adjoining his property. The property
is in the Rice addition, and the court
finds that the plaintiff is the owner in
fee to the center Of that part of Walker
avenue described in his complaint by
virtue of the ownership by him of the
premises adjoining, and that accord
ingly he has such a right to the prop
erty situated between his lot and the
center of the street that an action in
equity will lie to restrain the defend
ants from taking ore from under the
surface thereof, and an injunction re-
straining them from doing so was or
dered issued.
In the petition of w. F. Cobban for
an order directing the Administrative
of the Largely estate to execute a deed
to certain piece of property which
Mr.. Largey had agreed during his life
time to convey, was denied by the court
yesterday, as it appeared that the al
legged agreement had never been signed
by Largey and Cobban had never been
in possession of the property, although
Largely had accepted $1OO as part pay
ment for the property. the court sug
gested that Cohbans remedy was an
action against the administrative to re-
cover the amount paid.
In the case of John Keampfer against
oliver M. Hall, a motion for judgment
for the defendant on a counter claim
was overruled.
In the Tuohy estate Judge Lindsay
received another petition for an order
revoking the order directing the execu-
tor to execute lease to c. j. McSherry
and others. The matter will be given a
hearing a week from next Saturday
when it will come up on an order to
show cause why the executor has not
executed the lease
j. w. Naugh was appointed admins
traitor of the estate of Edward B. Fox,
deceased, upon his filing a bond in the
sum of $40O
In two cases of the state ex rel. S. J.
Reynolds against e. ]. Laurandeau,
\ motions to strike from respondents an
swer We're argued by counsel and by
the court taken under advisement.
Plaintiffs proofs We're heard in the
pany against j. W. Kirby, and judy
1nent was by the court ordered entered
in favor of the plaintiff for the sum
of $55.05, and an attorneys fee of $25
was allowed.
In the case of f. J. Tebo, ex-chief
of police, against the board of county
commissioners for fees, the report of
Vernon ]. Barlow, referee. was adopted
by the court, and in accordance there
with the case was ordered dismissed
for want of prosecution and judgment
was ordered entered in favor of the de-
PENDANT for costs of suit.
An order authorizing the administra-
tor of the estate of John p. Ryrne. de-
ceased, to sell the property belonging
to the estate, which consisted of 5000
shares of stock of the Coronella Hy-
draulic Mining company and 90 shares
of the Lemhi Placer Mining company,
was signed by Judge Lindsay.
]. p. Collins was appointed admins
traitor of the estate of Maggie Benson,
deceased. The property in the estate
is valued at about $1,000
The estate of George Bidwell one of
the men who nearly broke the Bank of
England, was up before Judge Lindsay
yesterday upon the application of Pub
lie Administrator Collins for letters of
administration. The estate consists of
130 volumes of the book entitled From
Wall Street to Newgate," written by
bluWell ana DTOlhef, and 70 SuDSCrlp
tions, in all valued at $3OS: also a
steamer trunk, two overcoats, two
grips and two railroad tickets to Seat
tie. J. P. collins was appointed ad-
ministratOr.
John Caplce was appointed admins
traitor of the estate of Fred w. Cap
lice, deceased, upon his taking the oath
required by law and filing a bond in
the sum of $3.50. The petition of John
Caplice states the deceased was the
possessor of mining property in Flat
head, Missoula and Jefferson counties.
valued at about $4,000: also one-half of
the stock of the John Caplice company,
being 100000 shares of a par value of
81 per share. All this stock is in the
hands of w. A. Clark & Bro, who hold
1T as security and under a contract.
The condition of the stock held by w.
A. Clark & Bro. and of the contract
under which it is held and of the prop
erty of the John Caplice company is
such that no definite value can be
placed on it.
The county attorney yesterday filed
an information against Jack Ledford.
charging him with assault in the sec
ond degree, committed on Agnes Steph
ems with a beer bottle on March 20.
Henry Roach and Michael Driscoll,
two of the young burglars of Center