R. H. Reid,          Plaintiff,

                  vs.

Ella E. McGovney, LouLou McGovney,

Lawton, Eva May McGovney, Florence

Gertrude McGovney, heirs at law of

A. A. McGovney, deceased, W. R. Foley

Robert Davis, E. L. Young, Thomas Draper,

and Joseph Potvine, Defendants.

THIS AGREEMENT OF SETTLEMENT, made and entered into this second day of February, A. D. 1898, by and between The Golden Cycle Mining Company, grantee of R. H. Reid, plaintiffm in the above entitled action, party of the first part, and The Vindicator Consolidated Gold Mining Company, grantee of the defendants above named, party of the second part;

Plat of the conflict area between the Pinkerton lode claim, Survey No. 8941 (Golden Cycle Mining Company) and the Christmas lode claim, Survey No. 8899 (Vindicator Consolidated Gold Mining Company)

WITNESSETH, That, in settlement of the adverse suit now pending in the District Court of El Paso County, Colorado, being cause No. 2866, as above set forth;- The Golden Cycle Mining Company, grantee of the plaintiff herein, as against defendants and their grantees, is acknowledged and admitted to be the owner of, and entitled to the possession of and shall receive title for that part of the area and territory in conflict between the Pinkerton lode claim, Survey No. 8941, the property of the said The Golden Cycle Mining Company, and the Christmas lode claim, Survey No. 8899, the property of the said, The Vindicator Consolidated Gold Mining Company, grantee of defendants; which is colored PINK upon the plat hereto attached and made a part hereof: and that the said, The Vindicator Consolidated Gold Mining Company, grantee of the defendants herein, as against the plaintiff herein and his grantees, is acknowledged and admitted to be the owner of, and entitled to the possession of, and shall receive title for that part of the area and territory in conflict between the Christmas lode mining claim, Survey No. 8899, the property of the said The Vindicator Consolidated Gold Mining Company, and the Pinkerton lode mining claim, Survey No. 8941, the property of the said The Golden Cycle Mining Company, grantee of plaintiff; which is colored YELLOW upon the plat hereto attached and made a part hereof, as aforesaid.

It is further agreed that the party of the first part herein shall take judgment against the party of the second part for all that part of the area and territory in conflict between the said Pinkerton lode claim and the said Christmas lode claim which lies West of the Easterly side-line of the Anna J. lode, survey 9047; being all of the tract colored PINK, and a part of the tract colored YELLOW: and the party of the second part shall take judgment against the party of the first part for all that part of the conflict area between said two lode claims, lying East of the Easterly side-line of said Anna J. lode claim, Survey 9047.

It is further agreed that the part of the tract colored YELLOW, lying West of the Easterly side-line of the said Anna J. lode claim, described by metes and bounds as follows, to-wit: Beginning at the intersection of line 1-4 Anna J. lode, sur. No. 9047, with line 2-3 Pinkerton lode, Sur. No, 8941. Thence N. 45 deg. 54 min. W., along line 2-3 Pinkerton lode 100 ft. to a point in same. Thence S. 9 deg. 59 min. E., on a line parallel with the Easterly side-line of the Anna J. lode to the intersection of line 1-4 Christmas lode. Thence S. 63 deg. 22 min. E., along line 1-4 Christmas lode to the intersection of line 1-4 Anna J. lode Thence N. 9 deg. 59 min. W., along line 1-4 Anna J. lode, 129.11 ft., to the intersection of line 2-3 Pinkerton lode, the place of beginning;
shall be conveyed to the said The Vindicator Consolidated Gold Mining Company, by a good and sufficient deed of conveyance, at any time upon demand, after said tract of ground shall have been declared to be a part of said Pinkerton lode claim, as against the Anna J. lode claim; either by a settlement out of Court, or by an adjudication or settlement in Court, of the adverse litigation now pending between the owners of said Pinkerton lode claim and the owner of said Anna J. lode claim. But it is expressly understood and agreed that such deed shall only convey such rights, in, of, and to said tract and territory as the owners of the Christmas lode claim would have acquired or been entitled to, had they taken same by a decree of Court in said Pinkerton-Christmas adverse suit. And in the event said last mentioned tract shall not ultimately be acquired by the owners of the Pinkerton lode claim in such a settlement or adjudication, but shall be acquired by the owner of the Anna J. lode, then, as against the owners of the Pinkerton claim the said The Vindicator Consolidated Gold Mining Company, its successors or assigns, shall have no further claim for said tract so last mentioned and described.

IN WITNESS WHEREOF, the parties to these presents have caused same to be duly executed by their respective attorneys, who are duly authorized to execute same and to settle and dispose of the aforesaid adverse suit.

    THE GOLDEN CYCLE MINING COMPANY    

Party of the first part,

    *Unreadable Signature*    

Its Attorney.

    THE VINDICATOR CONSOLIDATED GOLD MINING COMPANY    

Party of the second part,

    Charles J. Potter    

Its Attorney.