Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-10-03

y ~oo W euanie MIN 70 return to Idaho
!, and also paid for Jaikowski, to tn,
4 attorney for drawing the papers, $40
e Nv. During the preparation Of tn.
: deed in the attorneys Office on Sept
I TN, 1881, the state of Jaikowski's
title, as affected BY the deed from
nm to Clohecy exhibit By was
mentioned, and the deed from Clio.
hecy to Jaikowski exhibit C) re,
conveying the property, was pro.
:. dueed 10y Swift, to whom it had been
sent by Clohecy, and under the adj.
wee OF the attorney had been de-
llvered by Swift to Jaikowski, in or
der to clear mis- title, and it was then
delivered by him to Swift to be re.
corded.
WI. There was no debt due from
Ja'kowski to Swift j; the debts men
TONED were due to Mccormick and to
~ y. Swift 4 Co, and the contract
provided for their payment. There
was no evidence that Swift provided
or undertook to lend money to Jai-
kowski to pay these debts. and Jai
kowski made no note, promises or
agreement to repay Swift. The un-
dertaking on Switt's part was that he
would pay these debts, but there Is
nothing in the evidence to show that
the payment was to be immediate or
within any limited time. He has
since fully paid and extinguished
both debts and on the 18th day of
July, 1881, offered to deliver up to
Ja'kowskl a written receipt or dis
charge from j. o. Swift l. Co. and
the Mccormick note, having stamp of
cancellation on April 10Th, 1882.
which Jaikowski declined to receive.
NVl1. BY his deed of Sept. I.
1881, Jaikowski assumed to convey
to Swift two thirds, undivided. of
both of the mines, but he owned only
one half of the American Eagle min
ing claim, and two thirds of the
North Star.
XVIII. The deed and bill Of sale
of Sept. 7, 1881, were executed and
delivered at the same time, and for
one ana the same consideration.
NIX. The bond from Swift to
Jaikowski, of Sept. It'll, 1881, did no,
embrace all the property mentioned
in the deed and bill of sale from
Jaikowski to him, but omits the ore
on the dump, the tools and cooking
utensils. and the cabin specified in
the bill of sale. as well as the de-
mand for contribution against Riley,
which is included in the deed; again,
the bond gave to Jaikowski the Oh
ton to purchase, and obligated Swift
to convey to him, it payment or ten
der were made in time, property
which Jaikowski had never owned
or conveyed by the deed to Swift,
viz; two thirds, instead of one. half
Of the American Eagle mining claim.
XXX. Shortly after Sept. It'll, 1881,
Swift wrote to his partner. Clohecy. /,
at ketchIn, to send man up to |,
take possession of the property for
him, which seems to have been done
sometime IN September or October.
1881. Swift began work on the mines
In the latter part OF October 1881.
and has continued ever since in tn,
possession of, and working them
has expended about $4,000 in such
work, and has extracted about six
tons Of ore from the North Star"
which remains on the dump.
Xxi. On his return from Sal,
Lake City, and In the month of SEPT.
1881, Jaikowski stated to several
persons in different conversations. at
Bellevue. HALEY and at ketchum.
that he had sold the property to Swift.
he declarations all being to that eff
Get, though varied in form, or tina, |
ne had sold out completely to Swift
md then owned nothing in the prop /,
,rties; that he had sold the mines to 5
swift and had bond on them from I
swift for two or three months, etc, I
md Jaikowski testified that pending
he bond he had asked Swift the 5,
privilege of working and opening the l
American Eagle mine IN order to I
ievelop 1t 50 as to make it salable, 5,
md 1t does not appear in evidence t
hat he, then or at any other time !
ince Swift entered into possession q
nd has been working the mines, con-
reverted Swift's right to possess and ]
York the claims, or asserted an, r
light in himself to possess or work 4
hem. except what may be inferred .
rom his formal sale to Shaeffcr on '
oct. 10th, 1881. /
XAlI. On Oct. 10th, 1881, Jai- t
owski executed deed exhibit G } p
Shaetfer, the consideration being I
n open account for lager beer and c
inc amounting to $432, or $452, and c
ome small sums of money 1.-THE n
mount of which the witnesses to the G
'ansaction, Jaikowski and plaintiff Il
Winters. could not state, and which t
ere not in the account which was
len balanced on Shaefier's book
lie to shactfer. and assigned to him