The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-02
SUIT TO CANCEL A DEED
John Rourke Says the Document
Is a Base Forgery.
LAWYERS AND LITIGANTS
The B. g. NJ. Files an Amended Com
plant in Its Suit Against William
n. Young and Others-L stters
of Administration.

Another suit to cancel the alleged
false, forged and fraudulent deed to
the Brilliant and Red Cloud lode claims
was brought in the district court yes
terday by John O'Rourke against
James W. Kemper. A few days ago
william Lavelle got Judgment against
henper IN similar action, Lavelle and
y fourke having appeared as grantors
III the same deed. In his complaint
O'Rourke alleges that the deed is void.
raise Forged and fraudulent, and tina.
the plaintiff did not sign execute or L.
hVer the same to the defendant or to
any other person or persons" and that
said instrument is without any con-
Slderation, and is nullity and if left
outstanding will be an injury to the
plaintiff, and the covenants therein
contained and implied by law as
binding in force as against the plain
I'M are without consideration and void
and may be used injuriously against
the plaintiff unless said instrument is
by the court Cancelled and decreed to
be null and void; that said instrument
is cloud upon the title of the property
belonging to the plaintiff, and purports
to be valid instrument binding the
plaintiff, and holding him for all con-
Veyances, membranes or liens that
may or might have been or were against
said property at and upon the said
first day of-April, 1892" the date of the
alleged conveyance. The alleged deed
to the two mining claims was executed
to e. d. LeClare for a consideration to
be afterwards performed, but which was
not performed, and when the deal was
recorded, it is claimed the name Of
IeClare had been erased and that Of
the Northwestern Brick and Supply
ma nv thcti
An amended complaint in the suit of
the Boston & Montana Mining COM
pany against William H. Young, Heze-
kiah Roudebush, James E. Dickey James
x. Heslet and John A. Cannon was
filed in the district court yesterday and
sets up lot of new matter. 1t alleges
that since Jan. 8, 1890, the plaintiff
mas been the owner of the Badger lode
mining claim, and has ever since been
entitled to the possession of it. On the
first of last April the defndant James
*. Heslet brought an action against
the defendant Roudebush and OBJ
tanned judgment by default for $13-
69S,3l. the judgment providing that Hes
let nave execution against the separ-
ate property of Roudebush as well as
the joint property of the defendant
About the time of the commencement
of that suit Heset caused an attach
ment to be issued and an alleged inter-
est of Roudebush in the Badger lode
claim was levied on. The defendants,
Young, Roudebush and Hickey, claim
some adverse interest in the property
and Heslet claims lien on it by reas-
on of the attachment, but the Boston
d Montana alleges that all such claims
are without any right or title. On
NOV. 4 1898, Young executed a deed
for his alleged interest to John A. Can
non,and on the 25th of last June Hickey
gave deed for his interest TO Cannon
also, and the latter now sets up claim
to the property which he does not pos
sess by right. The court is asked to
declare the plaintiffs title to the mine
to be good and sufficient against all the
defendants, and that they be debarred
from asserting any claim to the prop
erty adverse to the plaintiff nn
John M. Rezek yesterday petitioned
the district court for letters of admin
istration on the. estate of Joseph Grill
the saloon man who was killed few
days ago by a shock from an electric
light, wire. The petition states that
the estate consists of a half interest
in saloon and stock of liquors valued
at about $500. about $500 in cash and
some personal effects worth about $50
The defendant in the accounting case
of f. NJ. Bowes against E. H. Sherman
yesterday filed in court a motion to
strike out the report of Referee Camp
bell, which finds in favor of the plain
tiff, on the ground that it was not filed
within 10 days after the CLOSE of the
testimony as required by law, rN
The appraisers of the estate of Ed
ward B. Fox filed their report in court
yesterday They place the total value
of the estate at 1896 70. consisting of
B., A. & P. pay check and a little cash
Nettie Cobb yesterday commenced a
suit for divorce in the district court
against w. A. Cobb on the ground of
non-support. Mrs. Cobb says they were
married in Butte on July u, 1898, but
that the only support the defendant
ever gave her was during few DAYS
of the honeymoon. Since then, owing
to his idleness and dissipation, he has
done nothing for her.
Thomas Boland also sued Sarah b.
land for divorce and accuses her of hab-
itual intemperance. They were mar
ried at Scranton, Pa, May 10, 1897.
Judge Lindsay held a short session
of court yesterday, and heard the case
of David Lawrence against the Wot-
rich Mining company and others, an
action for the possession of 40, 900.
shares of stock in the defendant COM
pany. The evidence was heard yes
terday and briefs will be submitted to-
day.
A second amended complaint in the
case of the Washoe Copper company
against Edward Hickey and others was
filed in court yesterday. An amended
answer was also filed in the damage
suit Of Annie r. McCoughey against
the United Moderns.
q r. G e. Ent,rt,inn,.,t