Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-11
Adjoining Lot Owners Possess
Title to It
ONE ACCUSED OF HAVING
the Limit In Underground
Work. Damages Demanded
--DaviS Estate.

The trial Of the suit of Charles r. Dut-
ton against George A. Cobban and others
to recover Judgment for the value Of ore
alleged to have been taken by the de-
PENDANT from the plaintiffs side of hat
portion Of the street adjoining his prop
erty in Rice's addition, was commenced
in Judge Clancy's court this morning.
Mr.. Button was represented by MeHat-
ton and Cotter and Mr.. Cobban by
Campbell & Parr and John N. Kirk.
The same legal question which Judge
Lindsay was called upon to decide a few
weeks ago on an agreed statement of
facts came up in the case and resulted
in a spirited argument between the op-
posing counsel. The defense claimed
that the street belonged to the city and
therefore the plaintiff had no right to
any portion of it. On the other hand the
plaintiff maintained that while the Sec
ton Of ground known as Rice's addition
was known as a part Of the city it was
not an addition because there existed a
strip of ground 4,200 feet wide between
it and the city proper. 1t admitted that
the addition had been plated and sur
veyed and its streets laid out, but even
if it had it was not a part of the city
because 1T was not contiguous thereto.
The municipal incorporation act had not
been complied with by those who plated
the addition.
Judge Lindsay in passing upon the
matter when asked to enjoin Cobban
from working beneath the surface be-
You'd the center of the street adjoining
Mr.. buttons property, held that the adj
ditiOn was not a part of the city and hat
people owning property adjoining it's
streets owned the abutting ground to
the center of the street. He issued the
injunction.
In presenting the matter to the court
today Attorney Parr said that when Mr..
Dutton bought the ground, which was in
1891, the transfer was made by metes
and bounds and those bounds did not ex-
tend to the center of the street.
In deciding the matter the judge said
he believed the position taken by the
plaintiff was correct: that the plat of
the addition in question had never been
filed with the city clerk. 1t made no
difference how many deeds to property
were executed; if not properly sealed and
recorded they were not considered legal.
The complaint, answer and other
documents in connection with the suit
were then read and the taking Of testi-
mony commenced.
w. A. Ellsworth n Joseph Ivey are
defendants because they leased Cobban's
ground at the opposite side of the street
and by means of a shaft extracted the
ore alleged to have been taken.
Robert f. Leonard, who was, a short
time ago, appointed appraiser of the es-
tate of the late Andrew Davis fer the
purpose of determining the amount of
money due the public Golfers under the
inheritance tax law. has filed his report
with the court. The document shows
that the total. amount of tax money due
is $48, 1910, Of which so per cent belongs
to the state and the balance to the coun-
ty of Silver Bow-the school fund. The
report also shows that when the inheri-
tance tax law went into effect. which was
on March 4. 1897, the estate was valued
at 1,231, 564.2 6; that of this amount 1862
7SS.O6 was subject to the tax, and 1t was
from this that the total tax was made
up. Since then S675, 900 in cash has been
distributed among the heirs, leaving a
balance of 1886. 900 in cash and property
valued at $3.50, $50 IN hand. Only $13. 800
has been taken in since March 4, 1897. but
besides the distribution mentioned $95, 900
in claims has been paid. This is exclusive
of Sl73, 16O paid as an assessment on Hell
ena First National bank stock. With
the exception of the administrators
commission there are now no claims
against the estate; and the total value
of the estate in cash and property is es-
timated at $3.50, $50.
Carrie NJ. Whitley has been appointed
guardian Of Lawson Sncyy for the pur-
pose of maintaining a suit for $40, 900
damages against Donald Campbell. At
ter the appointment was made the CON-
plaint in the suit was filed. The COM
plainanti in it alleges that on March 10 1895.
her ward, now 8 years old, broke his right
arm and DR.. Campbell was employed to
set 1t. 1t further alleges that the arm
was carelessly and unskillfully encased
in a setting OF plaster and flowed to re-
r, ain CO q vi 1,v,v,oa copo Mo lnuofb Of f;v.on
hat because Of the alleged urskillful
treatment the arm and fingers of the hand
belonging to 1t have become permanently
bent, deformed and d%isf1gured.
p. b. Handlin, has applied to the
district court for an order permitting him
and at least four others to make a survey
of the underground workings Of the Blue
Jay, now being worked by the Butte &:
Boston Mining company. In his petition
he says he is the lessee Of lot q of block |
2. Thornton addition, which Is a part Of
the Blue lay claim. and that there il A