Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-19

Like Banquo's ghost. Adolph Wetzstein
refuses to remain down, fact he has
demonstrated by bringing another suit
against the Boston & Montana Mining
company and others in connection with
the fourth interest in the Comanche
mine he claims to own through Il chain
OF title starting from David n. Upton. an
Oldtimer in the city.
The suit is for 81 900 900, which is al
legged to be the value of quarter of the
ore so far extracted, and title to the in
terest in the property. Besides the Bos-
ton & Montana. the Comanche Mining
company and several individuals are
made defendants. among the latter being
George H. Tong. H. H. Zenor. ID. n. Up
ton, n. j. Bielenberg, II. l.. Frank and
Lulu F. Largely, as the administrator of
the estate of Patrick r. Largely. In view
of the fact that the Boston 4 Montana
has bought the interests of the other de-
PENDANTS and is in absolute possession
of the property the naming of the others
as defendants is simply matter of form.
The same suit was tried in department
No. l of the district court few years
age and was won by the Boston e. Mon
tana, but this time it is in No. ), Judge
Clancy's section. James NJ. Denny, one
of the Nj. O. P. Cos. attorneys. is hand
ling the matter for Wetzstein.
The complaint alleges that the plaintiff
has owned the interest in the property
since March Il, 1894. it having been deed
ed to him by Henry l.. Frank on that
date: that the Comanche was located by
l.. n. Upton and n. L. Turner on Jam
nary ~. 1879, and each owned half:
that on February IS. 1889 Upton sold
quarter interest to George H. Tong and
never conveyed any more of it save to
the plaintiffs predecessor in interest;
that on November Is. 1899 Upton sold
to II. l.. Frank the remaining quarter
and on March Il. 1894 Frank sold it to
the plaintiff.
Wetzsten further alleges that not
Withstanding the fact that Upton sold
only quarter interest in the property
lrior to November of 1893 Patrick A.
Largely. H. H. Zenor. N. j. Bielenberg
and G. H. Tong. on the Sd of June. 1890.
applied for a patent to the ground and
did so. as plaintiff is Informed and be-
lieves. wrongfully. fraudulently and with
intent to acquire for themselves the le-.
gal title to Upton's quarter interest
without his knowledg. or consent: that
at that time the records of Silver Bow
county showed that Upton owned auuar-
ter interest in the property, Patrick A
LargeA quarter. Charles S. Warren an
eighth, n. j. Bielenberg sixteenth. II.
IL. Zenor sixteenth and George II
Iong a quarter. that the applicants Sc
cured the patent and Upton was left out
of it.; that by reason of the. Fraudulent
acts OF these parties they became the le-
gal trustees for Upton. but failed to
convey the quarter to him.
The plaintiff also alleges that the
patentees organized the Comanche
Mining company for the purpose of tax
ing over all of their right ana tide in
the property. and after the ora..r!za ton
they executed and delivered a quit Gain,
deed to 1t in consideration Of the capItal
stock. which they caused 10 be issued
to themselves. that the Co1nunchn Min
ing company paid no considerati >n for
the deed OF conveyance and took it With
the full knowledge of Upton's rights AN !
interest in the claim: that on tn, pa OF
March. 1894. the plaintiff filed in the utiict
OF the county clerk Il lis pgndens COLI