The Anaconda standard., 1899-12-07
FILED HIS CROSS-B|LL
f. A. Heinze as Intervenor and
Cross-Complainant.
IN UNITED STATES COURT
The Case of Miles Finlen vs. John and
Marion Devlin and Others-Another
Chapter in the Minnie Healey
Litigation.

F. A. Heinze, as intervenor and cross
complainant, yesterday filed in the
United States court his cross bill in the
suit of Miles Finlen, complainant, VS..
John and Marion Devlin, Mary Reilly,
E. P. Passmore and the JohnstoWn
Mining company, defendants.
The cross complaint recites and al
| leges that on or about Feb. 3, 1896, the
defendants. John Devlin and his wife,
and Mary e. Reilly leased their three
fourths of the Minnie Healey to Thomas
r. Kinds and agreed to convey the
same to him upon his compliance with
the terms of an option to purchase
therein contained. The intervenor IS
informed that said lease and agreement
were afterwards acquired and owned
by Miles Finlen. the complainant here
in, through means of assignment; that
on Feb 3, 1896, Caroline Kelley maze
and delivered a lease in writing TO
James T. Finlen, wherein she leased
to James Finlen all her right and in
terest to the Minnie Healey and that
thereafter the lease was assigned to
Miles Finlen and later the Devlins and
Mary E. Reilly entered into a written
agreement with Miles Finlen, whereby
they leased their three-fourths interest
terms and conditions therein and in
the agreement with T. r. Kinds stipu-
lated, and whereby they gave him an
option to purchase said three-fourths
within the time provided in their agree
ments.
That after Caroline Kelley delivered
the lease aforesaid to James Finlen and
after the assignment of the same to
Miles Finlen. Caroline Kelley, under
the name of Caroline V. Kelley. entered
| INTO an agreement with Miles Finlen,
whereby she leased all her rights in the
Minnie Healey, and that on or about
the 2lst of November, 1898, Miles Fin
len represented to this intervenor,
Heinze, that he was the owner of all
the mentioned leases, and that he had
the right to assign and convey them
The intervenor alleges that Fin
len on Nov. q, 1898, for a valuable con-
sideration, assigned to said intervenor
all of those leases and all of his rights
in the Minnie Heaey, and further that
If he should purchase the interests of
the Devlins, Mary Reilly and Catherine
Kelley and obtain deeds from them he
would pay to Finlen the sum of $27, 900
one year after the purchase and the
further sum of $4,000 two years after
said time, and that this agreement was
accepted by Finlen, the complainant,
who delivered the possession of the lode
That when this transfer was made
there was practically no ore of COM
mercial value exposed or known to ex-
is't in the Minnie Healey, and that it
was greatly to Finlen'S benefit to have
HeinZe enter upon the claim and do
development work for the purpose Of
exposing ore bodies. if any existed and
atarmine whether the claim was OF
sufficient value to Justify the purchase
of the interests by HeinZe
That this cross complainant is now
and ever since he went into the posses
sion of the mine has been in the actual,
exclusive, open and notorious possession
thereof. has kept and performed all
conditions Of the lease and has eXpend-
ed large sums of money in developing
the mine. Such work has rendered the
mine much more valuable. The COM
plainant, it is alleged on or about the
18th of May 1899. obtained a deed of
conveyance from Caroline Kelley for an
undivided one-,twentieth of the mine.
and that he also acquired the
interests of the Devlins and Mary
Reilly, and that he is owner in
fee simple of five-eighths interest in
the mine and that Finlen has no right,
title or interest therein.
That the work done by this cross
complainant and the money expended
therein greatly enhanced the value of
Tic CHILL ana lIldl cross cOHlDl21n-
ant prior to Feb. %, 1899, uncovered
a body of ore in the claim of great
value after which Finlen undertook TO
dispute his rights in the premises and
he therefore AYERS that Finlen is now
and of right should be estopped from
denying said assignment and from
denying his agreement with this cross
complainant.
And may it please your honor to
grant with this cross complaint a writ
of subpoena to be directed to said COM
plalnant, Miles Finlen, thereby COM
manding him at a certain time and an
der certain penalty therein to be limit
ed, personally to appear before his
honorable court and then and there full.
true, direct and perfect answer make
to all and singular allegations of his
cross bill and further to stand TO, r'l-
form and abide such further order.
direction and decree herein as to this
I,( r.aI1t, L.,