The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-27
APPLICATION IS REFUSED
Judge Smith Refuses to Appoint
Receiver.
GRAND OPERA HOUSE CASE
A Decision in Favor of the Plaintiffs in
the Suit of w. A. Clark 81 Brother
Against the Opera House
Company.

Judge Henry C. Smith has refused
to appoint a receiver for the Grand
opera house in Butte to take charge
of the property and operate it during
the tendency of the suit of A. Eustis
against John Fl. Curtis and other Off
GERS of the Grand Opera House COM
pany. Judge Smith heard the applica-
tion for the appointment of the re-
ceiver while he was presiding in the
department I. of the district court re-
Gently and the decision was received
from him at Helena yesterday.
Judge Smith also decided in favor of
the plaintiffs in the suit for a fore
closure of mortgage in the case of W.
A. Clark & Brother against the Grand
Opera House company, John Mcguire,
f. l.. Chapman, Charles ODonnell
James A. Murray Silas F. King and
the county treasurer. The mortgage
case was tried before Judge Smith, sit
ting without jury, on July 26. The
court finds from the evidence the fol-
lowing facts: On Jan. 4, 1895, the
Grand Opera House company was in
debted to M. J. Connell and on that
GATE an account was stated between
Connell and w. r. Kenyon and John
O'Rourke, members of the board of
trustees. and it was agreed that the
company was indebted to Connell in
the sum mentioned in the note sued
on, and a note was issued for it and
in the due course of business it was
Endorsed by Connell to the M. ]. Con-
nell company and later to w. A. Clark
& Brother. In September, 1888, the
defendant John Mcguire was indebted
to the Grand Opera House company
in the sum of $4,000, evidenced by a
note bearing / per cent. a month inter-
est and secured by a mortgage on the
opera house property. Later Frank
Stevenson and others brought suit
against John Mcguire for certain sums
due them. and secured judgment, an
execution being issued against the
opera house property, and the latter
sold under an execution. James A.
Murray purchased it and from April
H. 1891, until Oct. 20, 1896, he was in
possession of the property, subject to
the Mcguire mortgage, and during that
time Murray used the property and re-
tanned all the profits. On May 10, 1891
the Grand Opera House company
brought suit to foreclose the Mcguire
mortgage, James A. Murray being nam
ed as party defendant. A Judgment
was obtained, an execution against the
property issued, and on April IL, 1896,
the sheriff sold it to the Grand Opera
House company for $4,000. Thereafter
the Grand Opera House company, hav-
ing acquired the property, in order to
more fully secure the payment of the
s7266.40 note held by w. A. Clark &
Brother, on Oct. H. 1896, assigned to
the holders of the note the company's
certificate of sale of the property and
all the rights of the company to and
under it, and authorized w. A. Clark
& Brother to demand and receive from
the sheriff a deed for the property if
no redemption was made as provided
by law and to hold the property as Sc
curity for the note. No redemption of
the property under the mortgage fore
closure sale was made and the time
for doing so expired Oct. 20, 1896, and
a sheriff's deed was issued to the
plaintiffs, who now hold it. There is
now due, as principal and interest. on
the Connell note, the sum of S11 311.1 a.
The plaintiffs have paid as taxes on
the property the sum of 81, OS456, and
attorneys fees are also allowed to the
amount of S1500.
Judge Smith signed a judgment in
favor of the plaintiffs to the total
amount of s13,39570, and ordered sale
of the property to satisfy the judg-
ment.