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Show KETCHUM LOSES IN GASTLE GATE GflSE CASH Ol' I.ONO KTNIIMJ ATliST is sunn i lliindrctl nnd Sixty Aire of nluablo Coal IjiiicI, ToMii-lte nnd Hnllrond l'rns?rty Invnlictl In I Itlgntlnn Hull llnsctl On Old Ikiils nf Marks and finss of Many linn gti In n decision handed down Wednesday Wednes-day last by the stato supreme court, title tu coal lands of enormous value as well as ownership to the townslte of Castle Oalo, was dented to the Ketchtim Coal compan) The lands, ' consisting of n hundred nnd slxt) acres nt Castle flate, urlglnall) were sold for four thousand dollars and havo been developed to a valuation nf several million dollars The hlstor) of the case dates liack to Ma) 14, U8, when Hlephen It Marks filed n declarator) statement on thim, later convening them to Williams and (Joss, tho transfer being made, however, prior to the time of the patent. Williams Wil-liams and (loss In turn, coin ej id them to tho Pleasant Valley Coal corn-pan), corn-pan), which, with tho Denver nnd Itln (Irnnde was named ns defendant In tho original action which was tried In Iho Carbon county district court In 1913, twent) )ears after ha had I conveyed the property to the Pleasant Valle) Coal company, nnd after the latttr had Insured Its rights, Marks gavn n deed to the proper!) to C N. Hweel, who conve)cd It to T A Ketch-urn Ketch-urn nnd the latter trunsfcrrid It to the Ketchtim Coal compan) Becking to establish Its right to the lands, tho I Kelt hum Cnnl comiwtn) begnn pro-ctrdlugs pro-ctrdlugs ngnlnst tht Pleasant Valle) 'Coal (ompaii) and the Drill ir nnd Itln (Irnnde to quiet tlth, claiming I that the Pleasant nlle Clal com-jpani com-jpani nnd tho Denver mid Itln (Irnnde railroad had no right to the proper!), 'on Iht ground that Marks had no put-iint put-iint nt the time lit conviyed the lands I to Williams nnd (loss. j The Carbon count) court In Id that I tin Ketihuin Cnul compan) wns en-I en-I titled to linoleum n strip of land slxt) feet wide on the Pleasant Nallt) Coal 'tomiHiiDs holdings, but It could nut itonileiun mi) of the proper!) nf the Dt nvir mid lliu Orande rnllriHid The Denver and Itln (Irnnde Is liivulved In the suit mil) so far ns Its rIMit nf way thniuuli the prop, rt Is connmed 'Chief Justice 1'rltk, In writing the opinion has found that the plaintiff ctinrttles tilt title tu tht lands passed In Marks b) reason nf the patent having hav-ing been IsHietl tu him, and In thnt itinnti linn however the plaintiff also conttiids that both Williams nnd (loss were illsiiuntlrled from inquiring on holding toal lands fur the reason thut when Marks devdid the laud tu them both W llllams und (loss bad exhaust-etl exhaust-etl their rights tu hold lands from the government In ii supph mental opinion Jutln (lldenii found that Unit should be no hangs of propt rl) rights, und that j tin re hud been fraud In tin tunny-nine tunny-nine nf the land He expreestd the opinion that Marks, Williams nnd (low win iHtrilen to n ttinsplrat) |
