The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-15
A SUIT FOR A MILLION
Brought by Wetzstein Against
the B. & M.
WANTS AN ACCOUNTING
Asked for the Cash for the Value of
One-Quarter OF All the Ore Which
Has Been Mined From tho
Comanche Lode.

Adolph Wetzstein yesterday brought
suit against the Boston & Montana
Consolidated Copper and Silver Mining
company to compel it to account TO him
for million dollars worth of ore, or,
rather, to account to him for and pay
over to him, the value of one-quarter
of all the ore it has mined from the
Comanche lode claim in this county,
which he values at a million dollars
or more. The complaint further asks
that the court adjudge the plaintiff to
be the owner of one-quarter of the CO.
manche claim, and that receiver be
appointed for the plaintiffs quarter IN
terest in the claim. 1t asks that the
defendant be required to turn over to
the receiver on the dump at the mine
one-quarter of the ores hereafter mined
by it; that the receiver be granted III
the rights Of a co-tenant with the de-
PENDANT on the claim, and be empoW-
cred to mine any part of the claim not
occupied by the defendant, and account
to the defendant for its share of the
ores; that the receiver hold and retain
all the money and proceeds of the ore
delivered to him till the final determin-
alton of suit brought by the plaintiff
to establish his title to the quarter
ant be restrained from taking away
or converting to it's own use any ores
from the plaintiffs quarter interest, and
that the receiver have access to The
claim at all times, and that the plaintiff
be given costs.
The complaint alleges that Wetzstein
owns a quarter interest in the Conan
che claim, as the successor of D. N.
Upton, having purchased it from Fl. l..
Frank to whom it was conveyed by
Upton. However, according to the
pleading, Notwithstanding this fact, a
patent to the entire claim was received
by George fH. Tong, Patrick A. Largely,
Howard H. Zenor and N. J. Bielenbarg
by fraud, and these men formed a COM
pany and sold the claim to the defend
ant in this case, while a suit to estab-
lish his title to the quarter interest,
| brought by the plaintiff against them,
was before the supreme court on APP
peal. This is the suit referred to in the
prayer, and it is now pending before
the court of last resort. The suit
brought now against the Boston &
Montana company is for the purpose
of protecting the plaintiffs rights, IS
alleged by the complaint, till the otl'er
suit settles the title of the quarter in
terest. The complaint says that the
Boston & Montana company has been
in possession of the Comanche claim
since 1896, and that plaintiff IS in
formed and believes it has, since sad
time, mined, carried away and convert
ed to it's own use valuable ores there
from containing gold silver ana crp-
per- exceeding in all the amount and
| value of four million dollars, and-that
by reason thereof it has become and
is indebted to the plaintiff IN the
amount of one-fourth thereof, ana that
plaintiff is entitled to have said defend
ant account to him for an undivided
one-fourth of the value of all Of the
ores which it has mined, extracted and
carried away from such claim"
The complaint alleges that the PLAN
tiff has no means of ascertaining how
much ore has been carried away al
ready by the defendant, or what IT'S
value is; that he does not believe the
defendant will account to him truth
fully and correctly for such ores, and
| that he is informed and believes '-nat
the ores that have been extracted al
| ready have been mixed with ores from
| other mines, the latter ores being lnrrh
| less valuable: also that he is informed
| and believes that the defendant intsrds
| to transfer all of its property 10 a or
poration formed outside of the stare
| and to claim that it has been dissolved
| thereby, and that unless a receiver he
| appointed by the court to take charge
| of one-fourth of the ores, the plaintiff
| will suffer great and irreparable cam
age during the tendency of The timer
| case,