The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-19
IN THE DISTRICT COURT
Suit to Decide Ownership of the
Exemption Lode.
MRS. Largely DEFENDANT
State Savings Bank Claims That the
Property Was Bought With the
Bank Funds-A Suit to
Quiet Title.


suit in the district court yesterday to
compel Mrs. Lulu F. Largely, as adj
ministratrix of the estate of her late
husband, Patrick A. Largely, to assign
to the bank certain property which
Patrick A. Largely is alleged to have
purchased in the name of the bank
during his lifetime with the banks
funds, yet failed to duly assign to the
bank, and which is still held by the
estate, the Administrative refusing to
make the assignment. The property in
dispute is the Exemption quartz lode
mining claim, which was purchased at
sheriff's sale by Mr.. Largey as the out
come of a suit brought by Samuel Null
vile against the Exemption Mining
company.
The plaintiff alleges that the said
Patrick A. Largely, deceased, purchased
the Exemption claim at sheriff's sale on
the 23d of October, 1897, paying for it
81, 1915 out of the funds of the bank;
that at the time the said Patrick A.
Largely was the president of the plain
tiff bank and made the purchase as a
trustee and agent of the bank, and il
was fully understood that he would as
sign the property to the bank, but that
he failed and neglected to make such
assignment and the property still
stands in his name
The plaintiff asks that it he declared
the owner of the certificate of sale and
that the defendant be declared to have
no interest in 1t, and for such other re-
lief as the court deems proper.
Peter Farley begun suit in the dis
trict court yesterday against Joseph b.
Pagan to quiet title to the Josephine
quartz lode claim, situated in this
county. In his complaint he alleges
that he is now, and for a long time has
been, the owner in fee and in posses
sion of an undivided one-quarter inter
est in the Josephine lode claim, which
was located Jan. 1, 1892, by M. A. Don
ohue and James w. Murphy. 1t is al
legged that Pagan claims an interest ad-
verse to that Of the plaintiff, and It
being without merit the plaintiff asks
to have the title quieted in his favor
Farley filed an affidavit accompany
ing his complaint in which he sets up
that Pagan, when last heard of, was at
Dawson City; that he attempted to
communicate with him at that point,
but was unsuccessful and as the plain
tiff has been unable to ascertain his
whereabouts to get personal service on
him, the plaintiff asks that service be
had by publication. The order of such
service was signed.
w. H. johnson commenced suit
against j. A. Riddell and John l.. Nor
ris to recover $675 alleged to be due
the plaintiff for plate, art and wire
glass sold to the defendants to be used
in the construction of the annex of the
Morris block at Broadway and Mon
tana streets, recently completed. The
plaintiff alleges that he entered into a
contract with the defendants whereby
H. I'll. ~, A.
building for the sum of 1915, that he
furnished the glass and that no part
of the amount agreed upon has been
paid. The plaintiff asks for Judgment
against the defendants for the full sum
and costs, and prays the court to adj
judge and decree that the plaintiff has
a lien on the premises involved, and
asks for an order of sale. Plaintiff
also asks for $3.50 attorneys fees.
A complaint sworn to by Under Sher-
if Jerry Murphy, asking for the APP
pointment of a commission to inquire
into the mental status of Henry Kelly,
was filed in the district court yester-
day. Kelly has been in the county Jail
some time, serving sentence for va
grancy. A few days ago he COM
menced showing symptoms of mental
arrangement, as shown by his conduct
one day last week, when he tried to
crack the skull of Jailor Martin Pish-
kur with an iron pole, and various other
acts a sane man would not be likely to
attempt. Since his assault on Tailor
Pishkur Kelly has been kept in the box
car and his mental condition has stead
lily grown worse.
A motion was filed in the district
court yesterday asking that a judgment
obtained against Peter Stury by Fred
Lohse in a justice court be set aside.
The motion is based on a claim of want
of jurisdiction and the further one t>at
the plaintiffs complaint did not state
facts sufficient to constitute cause
of action.
In the case of the state, ex rel. Joseph
Nolker, VS.. c. c. Rhoades and Benja-
min Twitcher, the defendant yesterday
filed demurrer to the complaint, al
leging misjonder of parties and on the
further ground that the complaint does
not state facts sufficient to constitute
a cause of action.
In the matter of the estate of Charles
st. German, final accounting was rem
dered to the court yesterday, and a pc
tition for distribution presented to
Judge Clancy and allowed