Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-19
STILL CLAIMS QUARTER
INTEREST IN CoMANCHE
AD0LPH WETZSTEN FILES ANOTHER SUIT FOR ONEFOURTH
INTEREST IN THE PROPERTY AND GIVES ALLEGED HISTORY
OF THE MINE.

tanning the names of all parties inter-
ested in the property and also a notice
that he claimed to be the owner Of a
quarter interest in said Coman~he; that
Notwithstanding the notice the CoEIanche
Mining company, on November % 1896,
decided the property to the Boston 4
Montana company. the latter accepting
the deed with full knowledge that the
plaintiff claimed to be the owner of 4
quarter interest in it: that the Boston
Montana company is in possession of
the Whole claim: that after Upton had
parted with quarter interes: in the
property he, at the request of +. n. Lar
gey. located a claim on the Conancne
and called it the Grand Prize and that
afterwards he conveyed to Larsay a
quarter interest in the said Grand Priza
ON the assurance of Largely that it was
the Grand Prize and not the Coman"he
he Vas deciding to him: that Upton. re-
lying upon Largey's representations and
believing them to be true. executed a
deed that had been prepared by and
under the instructions of l.argey and
which Upton at that time and still I'm
derstands conveyed to Patrick a. Largey
quarter interest in the Grand Prize.
The plaintiff says that when Up
ton discovered that Largey had
worked him out of his interest in the
Comanche he called Largey's attention to
it and Largely told him it was an
error and a mistake and he would
rectify ii by a re-conveyance. but he,
Larsey. failed to keep his word: that
the object of Largely and Upton in
banketing the Comanche with the
Grand Prize was to prevent an adverse
decision that was anticipated so far as
the location was concerned and for no
other purpose. but afterwards the SUI
preme court of the territory of Mon
tana decided that the location of the
Comanche was good and could not be
disturbed: that the location of the Grand
Pre- claim then became null and void
and was abandoned by all parties in
terested.
WetZstein alleges that the veins OF
the Comanche contain large quantities
of gold. silver and copper. which can be
mined at a great profit and in very
large quantities; that he has been in
formed and believes that ores in excess
of $l.000000 per year can be mined from
the property for years to come; that he
is informed and believes it is the inten-
tom and purpose of the defendant to
hereafter transfer all of its property to
a corporation formed outside of the
that it has been dissolved thereby, and
that unless receiver shall be appoint
ed by the court to take charge of a
fourth of all the ores that may hereafter
be mined by the defendant while the suit
is pending he will be greatly damaged;
that he has asked the defendant COM
pany to let him into joint possession of
the Comanche and has offered to engage
Jointly with it in the mining and ex-
traction of ores and pay his proportion
of the expense. but the defendant will
not accede to the demand. He asks for
judgment for 81 .000,0 900 for ore already
mined. requests that receiver be ap-
pointed TO take charge of the claim and
that he be declared the owner Of the
quarter interest in controversy.
The complaint is verified by ]. II. Ire
rise, an engineer in the employ of the
Montana Ore Purchasing company. and
Wetzstein himself. and the Notifications
acknowledged before r. A. Carnochan.
chief bookkeeper for the Montana Ore
Purchasing company, who is notary
public.