The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-01
ANACONDA NEWS.
IMPORTANT MINING SUIT
Thomas Geagan, Plaintiff, VS..
@ Bror. A. @. Stone.
B ARKANSAS LODE CLAIM
1t Is Asked That the Location Be De-
NJ clared Null and Void as Not
III Based on q Valid
III Discovery.

An action was begun on Saturday in
the district court by Attorney M. d. Lee
by, on behalf of Thomas Geagan against
Bror A. C. Stone. The plaintiff complains
OF the above-named defendant, and for
cause of action alleges:
First-That plaintiff and his grantors,
+ A. d. Mcdonald and Andy Sundstet, are
now, and at all times herein mentioned,
have been citizens of the United States,
and ever since Aug. %, 1897 have been
the owners of and entitled to THE DOS
session, and in the actual possession, of
all that certain lode mining claim, with
its surface ground, and all the veins,
lodes, ores and minerals beneath the
same, known as and designated the Gen
eral Gomez lode mining claim, situated
in Days gulch, in the Yreka, or First
Chance mining district in Deer Lodge
county; that they have owned held and
possessed the same by virtue of valid
discovery on the ground covered there
by while the same was open, unapproprl-
ated and unoccupied public land of the
United States, made by the said McDon-
aid and Sundstet, of a vein or lode of
gold, silver and other valuable deposits,
and valid location thereof as the Gen
eral Gomez lode mining claim made at
the time of said discovery and posted a
notice to that effect at the time of the
discovery; that thereafter and within 80
days from date of discovery, the said To-
Gators ran an open cut upon the said
claim u feet in length along the vein
lode from the point of discovery, thereby
disclosing a well defined crevice and valu-
able deposit; that on Aug. 81. 1897 they
filed notice of location in the office of
the county clerk and recorder of Deer
Lodge county; that Mcdonald and Sund-
stet continued in the actual possession of
said claim, and during the year 1898 they
actually expended thereon in labor and
improvements ana for the annual repre-
sentation of said claim for said year, a
sum of money in excess of 500: that there
after, by deed dated Jan. is, 1899 the said
Mcdonald and Sundstet granted. sold and
conveyed to this plaintiff all their right
title and interest in and to the said Gen
eral Gomez" lode mining claim; that on
April 49, 1899, the plaintiff made alterations
OH his claim; that by virtue of such loca-
ton and purchase and by virtue of a full
compliance by him and his grantors with
all the local rules. laws and customs of
miners in said mining district, and the
laws of the state of Montana relating to
iIlHeTdl ldHuS, pldlHIlII nOluS ana claims
the right to hold the actual and exclusive
possession of the said General Gomez
lode mining claim, and of all the surface
ground included therein, and all veins,
lodes, ores and minerals beneath the sur
face thereof.
Secondhand on or about Nov 2. 1885,
and while plaintiff and his grantors were
in the sole actual and exclusive possession
of said mining claim and the ground COW
cred thereby, the above-named defendant
entered upon a certain portion thereof
hereinafter described, and under an order
of survey heretofore issued by the United
States surveyor general for Montana.
made a survey of said portion as part of
the Arkansas" lode mining claim. claim
ed by defendant, and surveyed the said
portion in connection with the said So
called "Arkansas' lode mining claim for
patent thereto: that thereafter on Feb
n. 1892 the said defendant filed his plat
and filed notes of said survey, together
his application for patent to the AR
kansas lode claim, in the United States
land office in Helena, on March g. 1899;
that on March 2 1899, he first published
his notice of application for a United
States patent to the said lode claim: that
thereafter on April 2S and within 60 days
from the date of the first publication by
defendant of notice of said applca ton
for patent, plaintiff filed in said land Of
nee MS adverse Claim against the entry
of said "Arkansas" lode claim for patent
together with his plat made from an ac-
tual survey of the aforesaid General Co
mez' lode claim made by Walter w. Pen
nington, United States deputy mineral
surveyor, and by him certified to as cor
rect and verified by his oath, by which
plat and adverse claim SO filed is shown
the nature and extent of the interference
conflict of said so-caled Arkansas"
lode claim with the said General Gomez
lode claim of plaintiffs; that by said ad-
verse claim plaintiff objected and protest.
ed against the issuance to the said de-
PENDANT of a United States patent for the
so-called Arkansas" lode claim, and
particularly for the portion thereof in
conflict with plaintiffs General Gomez
claim, as appeared by said plat and pray
ed that patent might issue to plaintiff for
the part so in conflict; that now, within so
days after the filing by said plaintiff of
said adverse claim in the United States
land office at Helena, this suit is brought
in support thereof and to determine the
question of the right of possession of
said tract in conflict between the said loda
claim, as the same appears on the said
plat of plaintiff, and Is therefrom partc-
ularly described as follows:
Beginning at point on the east end line
of the said General Gomez lode claim
which is also the point of intersection of
said end line with the northeasterly end
n thn c,iI A,,1.r,