The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-08
BEFORE JUDGE LINDSAY
More Trouble Over the Burke
and Balaklava Claims.
AN OBJECTION TO LEASE
REPORT on the Estate of A c. White.
debts viii Soon Be Settled-Suit
Against Q. 3. Hudon for
an Accounting.

Judge Lindsay yesterday listened to
some more trouble about the lease of
the Burke and Balaklava mining
claims, belonging to the James Tuohy
estate. The matter came up on the
petition of the executor for permission
to lease the property to Slas F. King,
VINO offered, besides a royalty, to pay
the estate bonus of 81 900. Objections
were made by C. ]. McSherry and D. J.
Ryan, who alleged that the executor
mad some time ago petitioned the court
Tor an order and had been directed to
lease the mining claims to them and
John Britt upon their giving "a $4,000
bond and $500 bonus. In accordance
with the order of the court Britt, for
hlfnseif and partners, it is claimed, put
UP the bond and bonus, but subse-
quently he withdrew both and waived.
all rights to the lease. McSherry and
Ryan say he did that without notify
ing them and did it with fraudulent in
tent and for the purpose of defrauding
them out of their rights. AS soon as
they learned of it they put up a new
nond ana bonus and they ask the court
to enforce the original order and COM
pei the executor to give lease. The
executor also represented to the court
that McSherry and Ryan were isse-
sponsible, but they claim they are re-
sponsible and will carry out the provis-
IONS of the lease. Both sides We're ar
gued by attorneys and the court took
the matter under advisement.
Frank Britton, executor of the estate
of A. c. White, deceased, yesterday
submitted his monthly report to the
court showing receipts and disburse-
ments under an order of the court au-
thorizing and directing him to sell the
personal property of the estate. He re-
ports that up to June l he collected on
outstanding accounts $157.95 and has
sold of the stock of merchandise goods
to the amount of $S50.60, which, taken
with the case collected. amounts to
$l,OOS55. During the same period the
executor has been obliged to incur nee
essary expenses to the amount of S19225
and now has $S16.20 on hand over and
ABOVE the disbursements. He believes
that next month he will be able to sell
and dispose of a sufficient amount of
the property to pay off the greater
portion if not all of the debts against
the estate.
Joseph Demars yesterday brought
suit against Charles o. Hudon for
Sl,225 and for an accounting. He al
l.,
1898, he delivered to Hudon "A horses,
"A sets of harness and five wagons, of
the value of $4,000, to secure the sum
of $l275 loaned by the defendant to the
plaintiff. The defendant agreed to
work the horses land use the wagons
and harness andsapply the net earnings
on the loan and to account to the plain
tiff and keep good care of the property
until redeemed by him. The defendant
worked the horses and earned a large
amount of money with them, but re-
fuses to account to the plaintiff. 1t is
also alleged that without notice to the
plaintiff the defendant has sold the
property at private sale for 81 500. The
court is asked to compel the defendant
to account for all moneys received by
the sale of the property or earned by
him and for $1,225 damages.
H. Zadig brought an action against
Alex Fraser for $31350, and in his COM
plant he says that he secured judg-
ment for that amount against the de-
PENDANT in Virginia City, New, on Aug.
5, 1898, but that the defendant now a
resident of Butte, has never paid it.
George w. Davis, executor of the es-
tate of Thea Jane Davis yesterday pc
ttioned the court to allow certain
claims against the estate, one of which
is that of the First National bank of
Butte for $1,000 and one of his own for
S15,000 together with interest.
The cases of Clark and Talbot vs. r.
Hover. Union steam laundry VS.. Will
lam NJ, Weisz were dismissed as set
tied yesterday in Judge Lindsay's
court.
The case of the Butte Cash Meat
company against S. F. Fitchett for $25,
balance due on a meat bill, was tried
before Judge Lindsay and jury and
resulted in verdict for the defendant
for costs.
In the condemnation suit of the city
against w. H. Patterson and others.
Judge Clancy yesterday appointed
Samuel Mulville, w. F. Cobban and