The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-10-11
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Group Reverts to
Patrick Burke =
DEPOSITS S159,S25 GOLD
Five Years of Litigation-.-
Twice to Supreme
Court
DECREE AWARDING Ps

~ exclusive possession of the
Amazon Manhattan group of
lode claims on Beaver creek was en-
tered by Judge John M. Flynn in the
district court here last Friday The
decree was entered in conformity
date of the supreme court in the case
of II. M. Davenport, Milton j. Flohr,
Charles w. Belts, Charles f. Asp, G..
w. Belts as administrator of the es
tate of Barry n. Hllard, deceased,
William NJ Clark Thomas keely, Ben
Stanley ReVett and John H. Wourms,
plaintiffs, against Patrick Burke, de-
fendant, and the Consolidated Inter-
state Callahan Mining company, cross
defendant, in which the plaintiffs
sought to secure an injunction and
possession of the property from Burke
who held an option to purchase.
1t was charged that Burke had de-
faulted in making his payments but
refused to vacate the property. A tenn
porary injunction was issued and the
Interstate Callahan company was fin
ally given judgment on its pleadings
by Judge Flynn. The Interstate Cal
lahan company then bought the pro-
perty from the original owners, pay
ing 100000 Burke appealed to the
supreme court and won.
Burke Gets Exclusive Possession.
The decree entered directed the In
terstate company to Immediately up
on the filing of the decree to put
Burke in the peaceable and exclusive
possession Of the property. Burke was
directed to pay the Interstate COM
pany 100000 less a former payment
of $175 made by him or $159,S25
through the clerk of the district court
within 80 days upon payment of which
the Interstate company was directed
to make a deed to Burke for the pro-
perty within five days.
Legal Battle Ends
The legal fight ended Monday when
the mining company elected to COM
ply with the terms Of the decree en-
tered by Judge John NJ. Flynn last
Friday and accepted the $159,S25 in
gold deposited by Burke with L. r.
Adams, clerk of the district court, the
following morning and a deed to the
property was filed for record simultan-
eously with the receipt of the money.
Under the terms of the decree Burke
was required to pay the mining COM
'pany $159,825 within 80 days or for
felt his rights. The mining company
was required to deliver him a deed
within five days thereafter. Saturday
the mining company filed a notice of
appeal to the supreme court in it's
first step to get the litigation before
the federal courts. Following the
settlement Monday the notice of ap-
peal was dismissed. The present liti-
cation commenced in, 1912 and has
been before the supreme court on two
different occasions In his answer to
the time he was forced to abandon the
property there was million dollars
worth of ore blocked out. According
to statements of the mining company
they have spent approximately $780,
900 in development work on the prop
erty since their purchase of 1t and
that they have never derived any in
come from the property.
Day Interests Put Up Cash.
According to papers filed with the
county recorder the Day interests ap-
parently furnished the money to make
the payment and have strengthened
their holdings in the Beaver creek dis
trict. Shortly after the money was
deposited, a deed from Burke was fill
ed for record conveying Jerome J. Day
a one-half interest, Frederick G. Rob-
ertson, one-tenth; Fred Miller, one
twentieth; John M. Gleeson, one
twentieth, and Joseph F. Morton, one
twentieth of the property. This now
leaves Burke a one fourth interest.
Development of the mine will now
proceed rapidly, under the supervision
of Mr.. Burke and another big produc-
er should soon be added to the lists
from the Beaver creek section.