Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-05-22
CONTEST OVER
MINING CLAIMS.
case Of Illinois Company Against S.
BrIsacher Before Judge Hlles.
WHAT PLAINTIFF ALLEGES.
'rfendsns Make. nm Allegation Of
frssd-Aiies.d Burglar ON
Trial Again.

The adverse mining claim suit Of the
'Ainols Minlus company against Sol.
p'n"n briAocher came ON for trial before
Jude Hlier In the equity branch OF the
ihiri district court today. with King.
surson 4 King appearing In behalf Of
me plaintiff and brown a Henderson
ma Loofbeurow a Loofbourow repre-.
teutinE the defendant.
The complaint. In three causes of ac.
uon. sets forth that the plaintiff IL q
corporation existing under the laws Of
utsh. with lts principal place Of bust.
ness In this city. that ON January 9Th.
iss,. David ]. Williams was duly ana
.ssslss;y appointed ~ III. board ., ~.
fectotr Of the plaintiff company M
agent and attorney for the purpose Of
nling y protest ana adverse ,laim aud
70 Institute proceedings In behalf ~ the
Company. II Il then set out that on the
..th OF May. 1896. tho plaintiff and its
rfsdecesHorn In Interest were owners,
subject only 20 the paramount title ~
the United States. and entitled 10 pos.
session OF the syndicate mining claim.
situated In the West Mountain district.
IN september. 1kps. IL IA further al
legged, Ne defendant. claiming TO BE-
owner of the adjacent claims. called
The Abe lincoln aud Youcan. caused
the latter claims TO b. 20 surveyed aa
70 cross point and overlap pinintlfr
syndicate claim.
Fur q second cause ~ action plaintiff
lays claim 60 tho Milton mine. also all
lcEed to be ovcrlapped by the Abe 1.in-
coin ana loucan claims.
For third cause u action PLAINTIFF
alleges that Its title TO the Fulton
a Id N..aH h.
same reasons advanced In the other
causes. IL wronrfuily impcached. cloud.
81 and cncumbercd and the value -
" property greatly deprecated. by
reason Of defendant prosecuting his az.
plication for patent TO she Lincoln and
noucan claims. Plaintiff prayn fot
Judgment. that u be declared owner
and lawfully entitled 10 possession ~
the nrca In conflict and quoting and
confirming plaintiffs title thereto,
THE DEFENSE.
workaiilsr..nx sac encc.ah . O
The defendant In his answer 10 the
flpt cause OF nction alleges that the
plaintiff company brought the syndl.
cate lode In apparent connlct with the
Abe Lincoln and Youean claims BY the
wrongful and recent moving Of the
boundary stakes. % the syndicate
claim. more than coo feet TO the west
81 where the same was originally To-
Gated.
Answering the second cause n action
defendant alleges that tho Milton lode
was not properly located. nor was u
marked upon the ground. II II further
alleged that for the purpose Of EFFORT
Ing blackmali from defendant. u. J.
Williams simply pretended 10 mako q
location over the ground already COW
cred by the Abe Lincoln AMI NoucAn
claims. The same defense II 81 NJ
with respect 10 the FULTON claim.
The trial. " II thought, viii consume
several days before a conclusion ID
reached. Judge iiiicn announced to-
day that 10 the ease took any LONGER
than tomorrow. II would have 10 be-
tried evenings. ~ his honor expects o.
be- absent from the city the balance u
| the week.