Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-12-06
F. Aug. HeinZe Wants Possess
ion of the Mine.
THAT INTERESTS
Of All the Owners Were Transferred
to Him by Miles Finlen-A
Valuable Property.

filed in the United States court a cross
complaint in the suit of Miles Finlen VS..
ohn Devlin, Marion NJ. Devlin, Mary E.
Reilly, T.. P. Passmore and the Johns
town Mining company to obtain possess
sion of the Minnie Healey mine in Mead
eryille.
Mr.. Heinze makes the following allega-
tons: That on and before the Sd of Feb
ruary. 1896, the defendants, John Devlin.
Marion NJ. Devlin, his wife. and Mary
E. Reilly, We're the owners of three un-
divided fourth parts Of the Minnie
Healey. That on and before said day one
Caroline Kelley was. as he is Informed
and believes. the owner of an interest
therein, amounting to at least an I'M
divided one-twelfth part thereof. That
about the Sd of February. 1896. John Dew
lin and his wife and Mary f. Reilly leas-
ed their three-fourths interest to Thomas
r. Kinds and agreed to convey the same
to him upon his compliance with the
terms and conditions of an option to pur-
chase. That the intervenor is informed
and believes said lease and agreement
; and all right hereunder We're afterwards
| acquired by Miles Finlen, the complaint
ant herein.
That on or about the Sd of February,
1896, Caroline Kelley executed a lease to
James T. Finlen, conveying all her right,
title and interest to the Minnie Healey;
that thereafter said defendants. John
Devlin and wife and NJ. r. Reilly. en-
tered into certain agreement with Miles
Finlen wherein they leased their inter-
eSts to him with an option to purchase.
That after Caroline Kelley delivered
the lease to James +. Finlen. she, under
the name of Caroline Y. Kelley. leased
all her rights in the Minnie Healey to
Miles Firlen. On or about the 21st Of
November, 1898. Miles Finlen, it is al
Legged. represented to the intervenor tina
he was the owner Of All the leases execut-
ed BY the above parties and that he had
the right to assign and convey them.
Prior to this date Mr.. Heinze claims that
he had expended money in doing Develop
ment and carrying On mining operations.
hut had determined that the value Of the
Minnie Healey claim would not justify
him in further prosecuting work. That
on on about the said date the complainant
for a valuable consideration assigned to
Helnze all Of his rights to the said claim,
fieinZe agreeing to pay $27, 600 one year
after said purchase and the further sum
OF $4,000 two years after said time.
The said agreement. it is alleged, was
then and there accepted by the complain
ant and he delivered the property to the
inlervenor. At this time, Mr.. Heinze
says. there was practically no ore of COM
meiclal value EXPOSED or known to exist
IN the claim. In accordance with the
agreement Mr.. Heinze took possession OF
the Minnie Healey and began active ooer-
atoms, extending large sums of money
Tor the purpose Of development. At the
TIME sald leases and agreements We're as
signed TO the lnteryenor the complainant
agreed to execute and deliver an instru-
ment III writing assuring the i~ntervenor
or MS rights. In reliance upon said as
Segment the intervenor has at all times
been ready to agree to the terms of the
contract. That since said assignment the
l~ntervenor purchased from John Deylin
and Wife and NJ. E. Reilly a five-eighths
interest in the Minnie Healey. On or
about the 18th of May. 1899. the complain
ant purchased an undivided one-twelfth
OF said claim from Caroline Kelley.
Up to about Feb. 20, 1899, the compIaint
alleges, Mr.. Heinze was in possession Of
.ne property and the work performed by
MN on IT greatly enhanced it's value.
ftlor to the goth of February. 1899. he
claims to have uncovered a body of com
mefclal ore of great value, after which
uhe complainant undertook to DISPUTE his
right to the premises.
MI. HelnZe asks that the comnlainant
De reuulred to execute to him a good and
sufaclent confirmation Of his right ard
ma. II pc decreed that the complainant
mas no flght. title or interest to said c,ai,,
ana tnat he be %estopped from ASSERTING
= elalha'hs any light to said claim, and