| OCR Text |
Show THIItl) DlbTIttCT CdUHT. Judicial (Iplnlon In Ilia Irrrj.l.imdln MlalogCaec Oilier llmlncts. JudkoZane gave lilt deetslon thl morning In the rase of William M. 1'erry v. Andrew I.undln et al , which concern thu question of ownership owner-ship of thu North Pole aud Noilhlaud iiilnea, lu the vicinity of l'ark Clly. The value of the proirly Involved In the dispute amount to, It ta aald, $1,. OOd.iXKi. The trial of the action haa consumed nearly four day, und has Uen fought with much dt termination by thu couusel ou either aide. lila Honor reviewed the facta nnd clrcumataiicra In dttall and cited several oange of law bearing on the question at Issue. Thu evldanre, lie ald, wa tjmewlmt con-lllctlng con-lllctlng on certain lult. Thu I lain-llfl, lain-llfl, In hi opinion, however, bad proved that he wa entitled to a part cf thu claim, and liu would have Judgment Judg-ment for that iwrllon; but Ihe fact that hu had described moru laud would uot render the advene claim Invalid. A United Htateaturve)or madeasurvey of thl roptrty lforo thu application for a patent wu madt.and thutwa airoedbythourvrjur-jeueral. lie (Judge Zeno) waa not of opinion that the government of Hie United Hlatee now, or the court for It, would not say that thla location wo absolutely ld and deprived the locator of their ilalru aud Ibe work which they had done on tho claim for ten years. In other words, ho waa not UIsiiomhI to hold that thU location of the leorth. land 1 1 Aim waa an aisoluto nullity, tut rather to regard It a valid. The weight ordcn" turned to bo that the ttakea nil tho iroperty weru driven Into thu ground I retly firmly and roika placnt around at least onu or two of them. HI, ,or dtalt with tho question of thu ellect of thudtedexMntedby Mr. Lundln to Colouel J'erry, and said theru were many inattera Invblvetl In Itila acH0 Into which the court m ej uot now en. ter. Ilu ruled that plalntlir waa eu-titled eu-titled to au undivided one half of tho annlnconlllit. Upon thu application of Attorney Ilpylii, forty day were granted in w hlcli to i rt paru a I tatement aud mo. Hon for new trial. Intheraseof Illver ,. llarrelt, mi motion of Attorney Jlra lley, permit, alou waa grauled Uiu United Btale. Marshal to with Iraw tho summon for corn cling return; alio ordir fur ter. vice by i ul llcatlon was granted. Blrlckley vt. llauerbaih. On mo. Hon of Attorney Bchroedir, time for answerluglu thl law waa extended two day from thl date. '""'"ou .David Keith it al. v. Andrew I.uujln el. al; advene cWmtulmm. Ud iy plalulltr. without olletlngev I. dence, motion by defendaut "or uoi . tut allowed and alii txceplou tak,"0,'' Wm. II. J-crry v Andrew J.uudln tal j en motion of Judge rowen.aud by rnnscnt of defendant, thl case wa continued for the li mi. The case of William I'erego va. Andrew An-drew Lunilluetal. waa also continued by consent of counsel. The cti-e of William l'errlgo vs. William II. Dodge et al , another milling mill-ing suit, Involving au a llcatlon In thu land onico for a intent, wa taken up, and I oieclrd tu ad ou until noon tomorrow, I'. 1. Williams I the I lalntlll'a attorney, and Arthur llruwii and W. II. Dickson ri resent Iho do tendanl. |
