Show GEYSER LITIGATiON Suit On Trial Involving Ownership of Halfthe Mine THE IIIOSBY GISBORN DEAL WAS IT A MORTGAGE OR AN ABSOLUTE SALE ExMining Recorder Honk Sound GuiltyBurglar Gray Sent Up For Five Years and Pickpocket Bell For Eighteen 3ffionths Deputy Game Warden Rudy Makes Three Arrests I The trial of the case of Daniel S Mosby by his guardian ad litem S W I Mosby against Matt T Gisborn the I Geyser Mining company and Emerine Dressier was begun before Judge I Hiles yesterday with Messrs EL B I I Crltchlow W H Dickson and A C Ellis jr representing the plaintiff and Messrs Lea Brown Henderson and Dey for the defendants In the complaint it was alleged that Daniel S Mosby is now and for more than ten years has been an insane person per-son confined in the asylum at Las Vegas Ve-gas N M that since Nov 8 18SO the said Mosby has been the owner of half of the Geyser mining claim having bought the same from Gisborn for 2000 Gisborn at that time owning the whole of the mine The 52000 was to be spent in developing the property and Mosby agreed to furnish 1000 more to be used in the same manner It was also alleged that from the profits pro-fits of the mine Mosby was to be reimbursed re-imbursed for the advances made by him and Gisborn was also to be similarly I sim-ilarly reinmbursed in whatever money he might advance after which Mosby and Gisborn were to share equally in the profits from the mine I The complaint then goes on to state that in January 1S9S after Mosby had I lost his reason and was in the asylum i Gisborn represented to Emerine Dressier i Dress-ier mother of Mosby that the deed I given by Gisborn to Mosby for the i half interest in the property was merely i mere-ly a mortgage to secure him for the i v money he had advanced and samp was I r not an absolute deed to the property Mrs Dressier is an old lady over 72 i years of age and it is alleged that Cisborn induced her to become the i guardian of her insane son and while i she was acting as such and being too old and infirm to attend to business or understand affairs Gisborn brought i suit against her as guardian of Mosby I to recover the deed to Mosbys half f of the property on his paying the 3000 advanced by Mosby and in said suit I Gisborn obtained judgment having induced I in-duced Mrs Dressler not to defend the i action I It is alleged that the mine was p tented I t-ented in the names of Gisborn and Mosby that the appointment of Mrs Dressier as guardian of Mosby was illegal il-legal no notice of the application for I such being served on Mosby or any I of his friends and further that although i al-though Gisborn received the deed to I Mosbys half of the property he never 1L paid the 3000 and that Gisborns representations throughout were false und fraudulent The Geyser Mining company was then organized and the property conveyed con-veyed to it by Gisborn by a quit claim deed including Mosbys half interest Plaintiff then prays that the order of the probate court of Tooele county I appointing Mrs Dressier guardiau of Mushy be set aside that the orde and judgment of the district court granting Gisborn the deed to Mosbys half of the property be also set aside and that Mosby be declared the owner of I half of the Geyser mining claim 1 The defendants denied all the material ma-terial allegations of the complaint and j alleged that the deed to Mosby was in I fact and in truth a mortgage and I Y nothing more r The trial was proceeding when court I I adjourned until this morning |