Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-10-05
SISTER SUED
BY BROTHER
HE DECIDED AN INTEREST IN
MINNIE HEALY MINE TO
SECURE A LOAN.
SHE SOLD THE INTEREST
TO F. AUGUSTUS HElNZE,
Joseph Dsvlin Alleges That the Trans
fer to Mrs. Mary Reilly Was
Only a Mortgage.

Mrs. Mary E. Reilly has been made
defendant in a suit instituted by Joseph
A. Devlin. her brother, to recover judg-
ment for $3o.62s. and $22. 900 on deposit in
Clark's bank ito the credit of the defend
ant has been attached to partly satisfy
the Judgment which the plaintiff expects
to obtain in the district court. The sale
OF the Minnie Healy mine at Meadervflle
figures in the action. In the complaint
Dewlin says that on March Is, 1892. he
owned a six-sixteenth interest in the
Minnie Healey. which property had been
located by John Devlin, John D. Airport
and Peter Brown; hat on thu date men,
toned he borrowed $3.50 from his defend
ant sister and 1t was agreed between
them that the obligation should be met
whenever the defendant demanded the
morcy; that the amount was to draw in
terest at the rate OF II pc" cent Ger
annum.
The plaintiff further says that to Sc
cure the payment of the $3.50 he executed
in defendants favor what purported to
be an absolute deed to his interest in the
Minnie Healey, but which in fact was a
mortgage. One of the six-sixteenths in
the property. he says, was a one-six-
teenth in the entire mine and was intend
ed as a gift to the defendant in consider
alton of the natural low and affection he
felt towards her as a brother; that he
balance of the interest was conveyed to
her for no other purpose thar to secure
the loan of the $3.50. 1t was understood
- 49, Ill., -4,v- kh4 .kl~k xret4v
ever the money was paid back to the de-
PENDANT h would reconvey the ave-six-
teenths; that from March Is. 1892, up to
October !, 1899, title to the plaintiffs in
terest vas vested in the defendant and
during that time she offered to make the
reconveyance at any time the $3.50 and
interest was paid. Devlin says a on
October 10 last year the defendant sold
the flve-sixteenths interest to F. A.
Heinze for $37, 500 N received the
money; that h has received on the
amoun interest at the rate Of s per cent
and has been paid $1,000 in rent and roy-
allies on the interest in the mine. this
money having been paid between October
/, 1897. and October l, 1893.
Further Deviin alleges that on or about
the last date mentioned the defendant
pdlu HC1SCA LAA Pfou SOSOIANA WIN lAC u
terest, which amounted to $500 more,
making a total OF $3.50; that before COM
mencing this action he demanded Of her
$4,000, the amount of royalties and rents
and also the total sum of $37. 500 with in
terest from October 1 Of last year., but
she refused to honor the demand to a
greater extent than $11 1915, which was
paid him on June / OF that year
The plaintiff says that as Mr.. Heinze
purchased the property without knowing
the rights of plaintiff he, the plaintiff,
ratified the sale made by his sister to
einze
The plaintiff demands judgment for the
full amount with interest on $685. from
October /. 1899, and interest on the $1,000
royalty and rent none from the same
date. making a total Of $50, 625. Judge
w. Y. Pemberton and H. Loundes Maury
have charge Of the plaintiffs case.