Show I n. n I. I illI v UL FRAUDIN FRAUD IN TRUST IS BASIS OF SUIT Alleged Claims Were Allowed to Lapse by Trustees to Get Personal Possession AGREEMENT WAS VIOLATED Property In I n Iron I ron Springs Springs' District District District Dis Dis- Sold for 1 00 W WI A A. A Twitchell's Claim James Janies McGarry now dead and ana others are accused of or allowing the lie claims to certain tain mining properly property which they the were supposed to hold partly II In trust to lapse lahee and then themi of or obtaining patents to th time same ties properties which they subsequently subsequent subsequent- ly Iy sold gold for or The Intent of or such circumventions accordIng to a comPlaint complaint com corn Plaint filed Saturday In Lii time tho District court was W to defraud William A A. and the time estate of James It K Lindsay out of nn any title tHle to or Interest In the lie property Judge Jude Armstrong has made rustle thc lie Salt Halt Lake Security l and Trust company compan temporary receiver o of the lie property propel ty under un 1 bond Lond of Lindsay dUd died led In 1001 i n ln In 1 i runs tho tho complaint and Lindsay a each held a sixth one-sixth interest In time the McGar- McGar r T. T I or Norvel Lillian Alice and uno Hamlet Nos 1 I arm and 2 claims In tIme the th Iron springs district Norvel and aim McGarry McGarr each ach held heW a third one on Interest In the time following y year ar McGarry is said saido to o have hav declared that lint he lie had hind a chanco chance to sell o 0 se the claims for A r.- r. n a I an anu I TI r I 11 arid and Lindsay n y s-y conveyed o ee sum t to hj blurt I their theil interest In tho the properties in trust the time un undemanding being that the time they we were werm to receive their share hare of the selling price Or or lf if I time the claims were wre not o sold that hint McGarry 2 was to carry cany on tl the necessary ar development e work and necessary and wh n the lie sale was made that flint hc ho Was to b be credited 3 COl r om whatever Was vas done lonC and to divide Lh the Tl rest or of f the time selling price wl with tl the time me men l who gave him bun the lie deed I Inot In not trust Twitchell W that McGarry Garry d did not riot se sell n the lie claims but Jut that he ga gave I him and Lindsay each 2 1200 t as a portion o of n a forfeited d option t time the remainder h been devoted to patenting th the lie claims Pate Patents ts he h did obtain accordIng accord accord- InS InS' to t the complaint to lo the tho McGarr 1 an arid and 3 Blackbird claims claim Clini Jut nut But ry alleges tho complaint complain In iii In violation of the lie trust Q agreement and with the intent to cheat antI and do do- fraud and Lindsay out o of oC their respective Interests III in the thc Lillian Nom Norvel Alice and arid Hamlet Nos 1 and an 2 claims failed to lo apply for Or patents t. t to these properties or to do the assessment work so that the tire possessory poss sory title thereto was forfeited ot Thereafter the time last de described mining claims were wen relocated In the name of nr r M r Gar Garry y and and other ti r-or-ti of tho defendants er nd t h here here- Ing Imig under tho time names of the Twitchell Eclipse g DIg Big Mogul Edna Silver Sliver Queen X J. E E. per ham Tamerlane Daisy Cumberland Lillian Iron Tn- Tn Thanks and Ichabod od By Ity r reason reason- of t tit the tho tru it VelO nd nr an it IL oll t to IOU J ti i rpy j t 7 McGarry died intestate in Itt 1103 sa fla 4 the tho complaint tin no administration of Iris his estate line has been had hind but prior rJ to hi his death eath antI and in further l pursuance I of or his fraudulent pUrpose he lie 11 executed to lo the defendants In the present suit deeds conveying all his interest In lii the thc I property properly These deeds dee s were received b by tho the defendants ants with till full of vf the Interests in said claims of and Lindsay and with full knowledge of or time the fraudulent intent of ot McGarry In iii making the thc same samei same samne i Each defendant Is h therefore claimed to have participated in time the intent to tu defraud They aio amo now In pose possession of or the title tithe to tho claims The fhe defendants defend defend- mints ants are aie James C. C McGarry McGarr Ernest C C. II McGarry McGarr Lillian M. M L Wilson J J. J 1 1 l. I liar Har r- r I per Elizabeth th E. E Harper r Edna S. S McGarry Mc lv Garry J J. F. F Youn Younger er J. J M. M Wicks Ick r h. h Iman I man McGarry Sheridan McGarry John McGarry McGarr Ambrose McGarry and anti Elizabeth Elizabeth Eliza Eliza- beth McGarry Sells for fol em claims these Last February Fe defendants to sell Patrick Ryan Ran the claims mentioned for arid and X was paid on the time purchase e prier price at and amid company's bank Tire The balance of O. O It is 15 alleged allege Is to lO lOJ J be paid by Ryan H August 1 12 The Time defendants It is claimed for Cor or a along along I long time concealed conceal cd time the fact that lint time the I Isale sale hind had been made node to Ryan Ryan- James Jume McGarry and Ernest McGarry are re accused ac- ac of or toiling telling that thc they could sell bell the tIme claims for a ml small sum sumo Twitchell to accept less and o of asking than 1000 1 for Cor his hlf claim In lii April of or tho time deal eal say says hc lie learned with Ryan Han and demanded domand d an accountIng account- account Ing log Then for Ol the first time limo the defendants de- de fondants denied the lie existence of oC the this trust existing between James McGarry and Twitchell nn and 3 Lindsay o.- o. Now he lie says say If IC this is paid it will be bc divided ed up among tho the defendants ts the tho one third Interest Twitchell sa- sa says In tho time property pert 1 owned JW by himself lv 1 C worm and amid Ml I Alice r Lindsay t Say is 15 n u fully full Ho lie as asks Its that hi his title HUe to lo this tubs third one interest be dc declared valid that the lie defendants account to ti th tho due dUC and received court for or all 1111 mone monc moneys s sale sales for or of by hy Tea reason on any allY of or these and judgment ju 3 for or tHIrd one that hint it i receiver cr be bo appointed |