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Show ELMER HILL WINS f AGljlllS 11 Judge Morse Renders Decisiom in Big Property Dispute jp at IJingham. HUSBAND GIYEN BACK ALL THE REAL ESTATM 'Wife, However, Is Allowed wL Court to Retain Personal i Property. i . When Elmer Hill, being ill and foulf ing ho was going to dio, deeded W property to Jennie Hill, his wife, thlgj she might handle it moro odvantageoujtl ly, ho conveyed it to her in trust, Judsrf O. W. Morse of tho Third district courJ decided Saturday morning. By this dife cision tho real estate reverts to HULj3f Judge Morso rendered a verdict in favk oHIio defendant as to tho personal prq While Hill, who had been ill for bIIk oral months, was low in Januarv of 19018 he deeded all his property, consistine'd?' land, buildings and mining claims in aa around Bingham, valued nt several thoct sand dollars, to his wife at her solicit'!: tion and under the representation, it'liJt alleged, that it could bo moro advMH tageously handled by this course. ill Recovers His nealth. jH Ilill did not die, howover. as am feared, but completely recovered hiE health, ho claimed, but when ho dR manded tho propcrtj' covered by tlilfc deed back his wile rofused to relinquiilf. it, and Kill brought mi it in tho Thirlf district court. This -was in July of 1907J and the case took several ramification bpfpro it ended in the decision SaturdwJ giving Hill tho real estate and allowing' tho personal property to remain in thai? wifo's hands. k Tho property in dispute consisted dB tho Toughnut reserve, in MarkhamlK gulch, Bingham canyon; the three-stor 7-Elmerton 7-Elmerton hoM building and lot upcx ( which it is situated, and threo or fou other buildings in Bingham; a ono-thif interest in each of the Bluo Rock lod and the Champion lode mining clairai ft all of the Brooks and Cochise lodi ' claims, a onohalf interest in each of thi j Social and Fritz, Washakeo and Ameri can lode claims, and a one-third intereafiJ in tho Regulator lodo claim. ! Shares of Stock Sold. Threo hundred and fifteen shaies rd tho Toughnut mining claim, not cover bj' tho deed, wcro sold ,bv Mrs. Hill fal $o096.45. it was alleged in the confl plaint. Mrs. Ilill gavo Hill 10 of tbH monev and told him that it was all am would get. Sho also sold tho intore3t in the Washakee and Amorican mininj claims for $7500, and in a settlemow with tho Yam pa Mining company for aj aerial tramway through tho Hill proper ty at Bingham got another $700, raising tho total to $11,296.15 received by hel from tho procoeds of tho sales of thi propcrtj. u By tho court's decision this property! "being real estate, will have to bo a counted for by Mrs. Hill. The BrooKI and Cochise iodo claims, now covered in the incorporatiou of the Bingoarijlj Cochise Copper Mining company, whicIB took place after tho deed was made, wilE revert to Hill, as will tho hotel and hctfv tel lot at Bingham. Tho 315 shares oi stock in the Toughnut Mining companjfs,f sold by the defendant, is not affcctMH b' tho decision. .Ji Mrs. Hill filed an answer to HU1.1T complaint, in which she alleged that hjU was affiictcd with an obscure mental fliction which rendered him incompeteajfr to hold and manage his properties aK& times. In tho course of tho caso Vfi guardian ad litem for Hill was praye for and appointed bj' tho court. MrilKi Hill alleged that the proportj' in disput was accumulated by tho joint efforts oy herself and Hill, and that nil of thaw transactions mado bj" her wcro with thag knowledge, consent and advice of Hil?5 |
