Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-11-27
WANTS AN
ACCOUNTING
o. Z. KENYON, A REAL ESTATE
MAN. rs AFTER SOME OF HIS
BUSINESS PARTNERS.
TRANSACTIONS RELATING
TO SOUTH PARK ADDITION,
Ohm a. Cannon. AS Trustee, He Saws
Refuses to Allow Him to IN
spect the books.

Joan "A. cannon as trustee, Jessie s.
Murphy, James w. Forbis. II. +. Stowe.
James w. Murphy ana John A.. Cannon
as an individual. have been made de-
PENDANTS in a suit brought in the district
court today by O. T.. Kenyon to have
Strengthened out some business transact
tons relating to the South Park adli-
tion to the city of Butte. The COMPLAINT
is rather interesting. 1t alleges that the
plaintiff and defendants are Joint own
ers of certain lots in the South Park ad-
dition (which are subject to a declara-
ton of trust: that the addition is legal
ly plated. but the description of the
lots and blocks Jointly owned by the
Plaintiff and defendants is unknown to
the plaintiff and the latter has been un-
able to obtain the information: that
plaintiff is informed and believes that he
and the defendants own about GOO lots in
the addition remaining unsold: that on
or about October p. 1899. John A. Can
non. III. n. McCord. James w. Murphy.
ana James w. Forbis made and executed
a certain declaration of trust: that at
the time of its execution the property,
which is embraced in the northeast quar-
ter Of section 25 in township 8 north Of
range s west, was not legally plated. but
subsequent to the execution of the trust
deed the property was plated IN lots,
blocks, streets and alleys: that the un-
sold portion to which reference has
been made is a part of this ground; that
on November 5 of last year the plaintiff
purchased half of all the right, title and
interest OF McCord in the property, the
same being an undivided sixth interest
in and to all of the property: that John
A. Cannon accepted notice Of the trans
fer and agreed TO act as trustee for the
plaintiff unde the terms and conditions
set forth in the declaration of trust as
they applied to McCord: that Cannon
holds in the name Of the Montana Land
and improvement ompan under the
declaration of trust, in his own name. a
large number of lots in the ad-
6ition and also about $4,000 IN lot
contracts. and has collected large sums OF
money. the exac amount of which con-
tracts and collections are unknown TO
the plaintiff; hat Cannon has IN ms
nossession n under his control all
books, vouchers, contracts and
containing data concerning the DISPOSE
ton Of all of the lots sold; that the plain-
tiff. on November II. 1900, and at divers
/ other times within the past four months,
demanded permission to inspect the
affairs of the company, but Cannon re-
fused to allow him to do it; that Cannon
has wholly failed and neglected to per-
form his duties as trustee and has con-
tinuousiy violated the express provisions
of the declaration of trust; that between
April | and November 26, 1900, he has
collected w $40, 000 and $4,000 u
of the assets of the property and has
paid large sums of money to James w.
Forbis. James w. Murphy, Jessie S.
Murphy and to himself: that at the time
of making the payments a note named
in the declaration of trust had not been
wholly paid, there being a balance OF
So, AGO due on it; that other debts are UNI
paid: hat if Cannon is allowed to re-
main such trustee the assets and prop
erty will be wasted through unnecessary
expense in the conduct of said business
and through misappropriation of the
funds in violation of the terms and con-
ditions of the declaration of trust: that
said Cannon is insolvent and hat the
plaintiff has no security or protection
against the unlawful and unauthorized
acts Of said Cannon as such trustee.
The plaintiff demands that a decree
of the court be made requiring Cannon
to fife in court a complete detailed ac-
count of all Of his acts and doings as
trustee. including a statement of all of
his contracts. town lots, assets and prop
erty in his hands, and that the court
appoint a suitable person as receiver
pendente lite to take charge of the as
affairs.