Salt Lake Tribune | 1903-11-04 | Page 3 | Heinze Wins Suit

HBINZB WINS SUIT Court of Appeals Affirms Finding of the Lower Court San Francisco f Nov 3The decision of the Circuit court of Montana in the case of V Augustus Hclnzc an administrator of the estate of James Larltln and Clara A Larkln deceased against the Butte Boston Consolidated Mining I compuiy was affirmed by 1 Judges Gilbert and Morrow of tho Circuit noun of appeals today Judge Ross dissented to the decree I The suit Is for tbo ownership of tho Snohomlsh and Tramway claim The I IOIl10Inlnlllt tho r C n u < I IJ company alleged that they own In fee simple an undivided nelitilf of the Sno homlsh claim and an undivided twothirds of the Tramway claim Ilelnze claims that ho punbased on October IK 1 1S97 from Daniel 1 W Connolle Catherine Sul hyatt Patrick N Sullivan Iohn leNa mara Bridget McNamnra and Joseph Connolle the unit property The sole object of the crass bill as filed by Helnzc he alleges III to set forth bin interest In the properly which was sought to be partitioned and lo obtain a decree protecting his right therein and distrib uting to him his proportion of tho proceeds of the siame In the case of a sale The decision of the court of appeals af firming the holding of the lower court finds In favor of the Butte 8 Boston Con solidated Mining company The Circuit court of appeals through Judge Ross subsequently reversed the de cision of tho Circuit court of Montana In a case where the same parties were Inter ested referring to tho appointment of a receiver