Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-08
Defendants File Answer Making
Specific DenialSS.
SIDE LINES OR END LINES
Question of Location and Patent is
RaiSed-Allege Damages of
$4,000.

The curtain has gone up in another act
in the Silver King-Plymouth mime con-
troversy n given the audience am OPP
p%ortunity to hear the answer of the de-
PENDANT actors in the suit brought against
them by Silas F. King, James A. Murray
and Marcus Daily. The defendants named
are James H. Maloney, Patrick Mullins,
A. E. briggs and Cornelius P. brennan.
They deny that plaintiffs are or ever
were entitled to the veins of the Silver
King mine; deny that they. the defend
ants, ever ~Wrongfully invaded or tres
passed upon the ore bodies of the prop
erty as alleged i'm the complaint; deny
that the end lines Of the claim are paral-
led, and add that they have been in
formed and believe that the property was
not located and patented that way, the
location having been made across instead
Of along the veins.
Defendants further allege that the
nominal side lines. as they were marked
upon the ground by the locators. but the
lines are in fact end lines: that the vein
upon which the discovery and location
was made and upon which a patent was
procured does mot pass on its strike
through any of the e1Nd lines Of the loca-
ton, but passes through the north and
south surface lines which were intended
by the lOcatOrs as the side lines; that the
vein attempted to be described by the
! plaintiffs and claimed by them to have its
apex within the silver King has it's apex
! only for a portion of its length within
, the surface boundaries and passes ON it's
strike towards through the south side
line.
Defendants also deny that on the Sth
of January, or at any other time prior to
the commencement of the action, they
wrongfully or without right or title en-
tered upon the lead or vein belonging to
the plaintiffs and carried away ore be-
longing to the plaintiffs, threw rock or
dirt upon their workings in order to de-
stroy or obliterate said workings, or dam
aged the plaintiffs in the sum Of SIS, 200 or
any other sum.
For a further answer and cross-com-
plaint the defendants allege that Messrs.
Mullins, brennan and Maloney own the
Plymouth lode claim and hold a patent
for it; that the plaintiffs ave heretofore
and still claim am interest in the prop
erty, but their claim is without right
and casts a cloud pom the title of the
Defendants; that plaintiffs Wrongfully
brought an action at law against the de-
PENDANTS with reference to the veins OF
the property, and are now asserting thai
they own an interest in it; that the
plaintiffs have, by means of underground
workings, made from a shaft on the Sill
YER King, entered the Plymouth and
made drifts, tunnels. raises and Slopes
and have mined and carried away ore
which defendants are informed and be-
lieve was worth $3.50, 900, in which sum
the defendants have been damaged; that
Patrick Mullins is the assignee of all
claims for damages n right of recovery
which George A. Cobban and r.. a. briggs
had against the plaintiffs for trespass
and ores taken from the Plymouth while
they were the owners of said Plymouth
The defendants ask the court to de.
clare them the owners of the property
restrain the plaintiffs from further tres.
pass on the Plymouth and require thu
plaintiffs to account to them for all ore:
extracted and carried away.