The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-27
He WANTS HIS PROPERTY
Frederick v. Scheuer Brings Suit
Against His Wife.
IT STANDS IN HER NAME
He Made 1t Over to Her in Order to Pre-
vent Forced Sale and Now
She Refuses to Return
1t to Him.

Frederick V. Scheuer, well-known
acter in local politics, yesterday COM
menced an action in the district court
against his wife, Isabella Scheuer to
get possession of lot of property which
stands in her name, and complains that
in his old age she has turned him out
on the streets. The complaint in the
case alleges that in May, 1896, he was
then and for long time prior thereto
engaged in business as merchant in
Butte, and had become financially i'll
debted and embarrassed and his proper
ty had been attached in a suit insti-
tuted by w. A. Clark & Bro. for sum
exceeding $4,000 In order to save his
property from being sacrificed at d
forced sale he gave a mortgage for
$4,000 to the State Savings bank and
the bank required that Mrs. Scheuer
be Joined in the mortgage In order to
induce her to join in the mortgage it
was necessary to give her an absolute
deed to certain property, and she re-
fused to join in the mortgage unless the
deed was given her. The deed was made
to Edward r. Gay on May 26, 1896,
and on the same day Gay decided it to
Mrs. Scheuer. The property decided con-
sisted of portion of the Lizzie lode
claim and portion of the surface
ground of the Baltic; lot 9, in block 3,
of the Barnard addition; all interests in
the Saratoga, Cook and Fredericksburg
lode claims. The consideration men,
toned in the deed is $1,000 Scheuer
says he consented to the transfer for
the sole purpose of inducing his wife to
join in the mortgage with him and save
his property from sacrifice, and because
the defendant was his wife and because
he had absolute confidence in her 10y
atty and devotion to his best interests
and to their mutual welfare and hap
piness and believing that she would hold
the property in trust for him. She SO
understood it and agreed to hold the
property in trust. Since then the plant
if, out of his money, has paid off and
satisfied the mortgage, and the defend
ant has asserted and claimed absolute
ownership and control of the real estate
and has. excluded the plaintiff from all
right of possession She has been COL
lecting all the rents, amounting to
about $4,000, and has refused to permit
the plaintiff to share in them. The
property is of the aggregate value of
$4,000, and constitutes principally
the earnings and labor and efforts of
the plaintiffs whole lifetime. By her
actions the plalntlf mas been turned
out of home and house without the
means of procuring the ordinary COM
forts and necessdries of life and is COM
PEELED in his old age to depend in part
upon the assistance of friends for shell
ter and the means of sustaining life.
The plaintiff thinks the defendant
should be declared trustee of the
property and be adjudged accountable
to the plaintiff for the rents and prof
it's arising from the use, occupancy and
rental of the real estate and should be
required to reconvey the property to
him. He says it would be a great in
justice and fraud to permit the defend
ant to hold the property as her own and
appropriate the rents and profits to her
own use and leave him penniless by
reason of the fraud on her part. Scheuer
says he has demanded conveyance to
him of the property and for an account
ing of the rents, but that his wife has
ignored his demands The court is
asked to adjudge the defendant trus-
tee of the property and direct her to
convey the property to him and ac-
count for the rents she has collected.
w. Y. Pemberton is Scheuer's attorney.