The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-31
SULLIVAN OWNS IT
so SAYS JUSTICE NELSON IN A
HOUSE RECOVERY SUIT.
THRESHER HAD POSSESSION
Claimed Property Under a Deed Signed
by Plaintiff, But the Latter Says
He Thought the Docu-
ment Mortgage.

The suit brought by James Sullivan
against B. 8. Thresher to recover possess
sion of house bearing No. 80 West Vir-
ginia street, was tried in Justice Nelson's
court yesterday afternoon, and resulted
in a verdict for the plaintiff. In addition
to judgment for the restoration of the
premises, the defendant was ordered to
pay Sullivan $50, the amount of rent
money alleged to have been collected by
the defendant since he took possession;
and also 81 damages. which was all Sui
livan sought to recover.
Sullivan ha4 Domestic Trouble.
The trouble between Messrs. Thresher
and Sullivan originated in the employ
ment of Thresher, as the legal repre-
sentative of Sullivan in a domestic mix
up to which Sullivan was a party, and
led to the commencement of disbarment
proceedings against Thresher. These
proceedings are now pending.
1t appears that Sullivan owned the
house in question; that some time ago
he had trouble with his wife, and was
thrown into Jail. While there he en-
ployed Thresher to defend him, but not
having any money with which to pay the
attorney for his services, he gave him
a deed to the premises in West Virginia
street. Later on Thresher, according to
Sullivan's allegations, advised him to
move out of the house and rent it, and
Sullivan did SO. Then Thresher secured
tenant and held the property as his
own. Sullivan says that when he dis
covered he was completely out of it he
brought suit against Thresher to recover
possession of the property, claiming that
when he signed the deed he labored under
the impression he was signing mort
gage for an amount sufficient to cover the
attorneys charges as counsel in his be-
half.
Proceedings Were Lively.
At the trial Sullivan was represented
by T. A. Morrin: Thresher represented
himself, and during the hearing warm
words We're exchanged at short range.
After all the testimony had been ad
duced Morrin intimated that Threshers
witnesses had sworn falsely, and that it
was an easy matter to get them to do it.
Here is poor old James Sullivan" said
he, "WhO has been a resident of this city
10 years. He has worked hard and ac
quired some property, and now an at
tempt is being made to turn him out of
it," -
Just like Sullivan turned his wife and
child out" interposed Mr.. Thresher.
The remark angered SULLIVAN. and he
drew closer TO the taDle near Wnlcn ne
was sitting and accused Mr.. Thresher of
not telling the truth, his language being
quite pointed.
At the close Of the remarks Of Mr..
Morrin the justice rendered his decision.
and Mr.. Thresher asked for stay of pro-
ceedings until o'clock today, but Nor
rim objected to even as much as five
onds unless bond of $500 was furnished
at once.
Justice Nelson refused to grant the
stay, and Mr.. Thresher left the room,
with the remark that he would get some
one else to do it.
Did Not Get Possession.
AS soon as he had gone the justice is
sued writ of restitution and placed it
in the hands of the sheriff for service,
but when two of the latter's officers went
to the house to turn it over to Sullivan
they found the doors locked.
They then returned to the courthouse
for further instructions, but in the mean
time Thresher had perfected his plans
for an appeal from the decision of Justice
Nelson. There the controversy rested.