Bisbee daily review., 1907-01-01
MEXICAN JUDGE MAKES BROAD
 DECISION
Contentious Decided By Judge linares After Hearing Testi- mony In EuSenada- Tigre Litigation,

The Cananea Herald. speaking ot the Ensenada-El Tigre decision at Can anea last weeks. says:
 "A decision attracting widespread in. terest was handed down in the Court of the First Instance in this city last Saturday morning by Judge Tomas Lo- peg Linares in the case of the Ensena- da Mining Go. vs. the Tigre Mining Co. the Ensenada Mining Co. being sustained in it's contention. The case had been before the judge for some months. and had been the subject of exhaustive inquiry and deliberation. His decision covers 2S type written pages and enters into the case in a most complete and comprehensive manner. Many citations of authori- ties are made and the various points of law arising are treated at length. The action was through the court of Mexico once before decision being given then in favor of the Tigre Min ing Co. Subsequently the Ensenada Go. asked for rehearing in order that it had been unable to get in all of its evidence during the trial had. The request was granted and the decision given In this city last Saturday was the first conclusive step in the courts under the rehearing order. The de- fend6nts now appeal to Hermosillo. No matter who gets a verdict in the state court it is understood the case will be appealed to the Supreme Court in the City of Mexico. providing con- promise is not reached in the mean time. Regarding compromise both sides protest that there will be none Judge Linares. it may be stated. has come to the bench in Cananea since the first hearing of the case. and his opinion Of last Saturday accordingly does not reverse himself. The histo- " of the contest is well known to the public. the litigation growing from the seizure of Tgre property by the Ensen- ada mining O.. composed of the orig inal ground owners, from Kansas City interests which had acquired control under bond stipulating payments at nSed intervals until the sum of s6o0,- 900 had been delivered to the ground owners. All but the two final pay ments had been made when the diff culty arose. In their suit the Ensen. ada Co. set forth as the ground for the seizure Of the property and demand Tor it's return to them that the next to the last payment had been rendered in such manner that acceptance of 1t would have meant possible loss to them of the final payment of over Szoo,00o, and that the Kansas City Co. falling to remedy the defect in the tender they felt 1t necessary to consid- CT the bond contract violated and set aside. and to therefore seize the prop- erty to protect themselves. Such was the sum and substance of the coptep. tion before the court in which Judge lInares last week gave decision. The summing up of the latter was made by the Judge in the following language:
 In merit of what has been exposed It should be. and hereby is. adjudeed as to the following propositions:
 "Ffrst-The plaintiff proved, as he should have, his action. in consauuence Of which he has proceeded in a legal manner.
 "Second-The defendant has not proved, es he should. his exceptions. in consequence.
 "Third-The Tigre Mining Companv s. A., within fifteen days from tbis Judgment. the mines Lucky Tiger and Combination, which have been the ob- ject of this litigation, together with perfect and absolute right to every thing pertaining thereto. Fourth-The Tigre Mining Co. s. A.. Is sentenced to pay the expenses and costs of this suit.
 Fhth-A fine of $500 is imposed On the Ensenada Mining Company. s. A.. which shall apply to the Tigre Mining Company. s. A.. for which purpose the corresponding order to the bank shah be issued by the court and delivered to the party together with the receipt of deposit attached to these papers.''