The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-08-11
FRAUD CHARGED
IN MINING SUIT
w. A. TWitCheIl and Lindsay
Estate Sue Heirs of James
MCGarry.
LARGE AMOUNT AT STAKE
MINING CLAIMS IN IRON SPRINGS
DISTRICT INVOLVED.

a series of frauds extending over
period of seventeen years are alleged
in a suit over the title to 100000 worth
Of mining claims in the Iron Springs
district, Iron county. Utah, brought in
the district court yesterday by Will
liam A. Twitcheu and Alice Lindsay,
administrators of the estate of James
r. Lindsay, against James g. McGarry.
E. G. McGarry, Lillian NJ. Wilson, j.
r. Harper Elizabeth r., Harper, Edna
s. McGarTy, J. f. Younger, J. NJ.
Wicks, Sherman McGarry, Sheridan
MeGarry and Elizabeth McGarry.
AS a result of the filing of the suit,
Judge Armstrong appointed the Salt
Lake Security & Trust company re-
ceivers for $4,000 due the defendants
on sale of the property to Patrick
Ryan for 500, zoe, ana payable at Me
COTnick s, Co.'S bank before Aug 13,
1907.
Claims Are Relocated.
1t appears. that in 1896 the property
was located by Twitchell Lindsay and
James McGarry, deceased. McGarry,
it is said, represented to Lindsay and
Twitchell that he had procured a pur-
chaser for the claims for a large sum
Of money and induced them TO give
him trust deed in order that he might
sell. In the event of a failure to sell,
McGarry was to still retain the trust
and spend the option money in improv
ing the claims.
The sale was not consummated, but
McGarry, it is said, violated his trust
agreement and allowed the titles 10
over half of the claims to lapse by
reason of failure to Go the assessment
work, and then relocated the proper
ties to which. it is claimed. TwitcheII
and the Lindsay estate are still en-
titled to a One-thiTd interest.
McGarry died intestate in 1903, but
prior to his death conveyed all his title
and interest in the properties to the de-
PENDANTS named in this suit. The in
terest of the plaintiffs, it is further
claimed. were known by all the de-
PENDANTS when they secured the al
legged title to the property through Nc
Garry.
In February. 1906. the defendants,
il is said, agreed in writing to sell the
claims for 100000 to Patrick Ryan,
which sum was to be paid in sundry
partial payments at McCornick's bank.
OF this amount S45. 600 has already been
paid and divided among the defend
ants, and there is still S54 900 due, and,
according to the assertion made, must
be paid before Aug. Is. 1t is for this
amount that the plaintiffs ask the re-
ceiver until their rights in the proper
ties can be adjudicated.
The complaint goes on to state that
the defendants. "as part Of said
fraudulent intent to defraud the said
TWitchell and Lindsay concealed the
fact of making the sale TO Ryan until
after they had secured $4,000 Then. as
the story goes, the defendants, James
McGarry and Ernest McGaTry, as a
part of said fraudulent purpose, rep
resented TO Twitcheii that they could
sell the claims for a small sum OF
money. and represented that his share
would be 81 eco Thus, it is claimed,
they Acknowledged his title Before the
alleged offer was accepted TWitchell
discovered the scheme and the suit is
consequence
The value of the One-third interest
neld by the plaintiffs is placed at
$4,000