Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1890-10-16

la ID, and Moon was tt receive as a
rental one-third of the grain.
shortly afterwards Moon further
agreed that if Hall broke any new land
he was to have the right ~ raise two
crops on such new breaking as COM
pensa:ion for his labor.
September, lNSt, Moon again rented
thc prc}ni-t~ t. Hall on IN, same con
d!ti"1~ tor another year, and the ~ac-
'il' tease expired in Scptcmhrr, is>>5.
except a. to the use of ahru, tw, i've
acreH of the new breaking. from which
Hall had not raised second aron
Durin" said period Noou permitted
Jali to erect certain put-huilliNg- aud
ana fences ou ,iie land at Halls r>-
pense, with the right i'll HAL! 10 re-
move the same Whenever hc ,ujt shc
premises. Moon frequently tried to
sell the tract 70 i!elI, but wanted as
payment for hi. re!inIui~Ament the
ou'n al e2u03, which amount Hall
thought wa, TOO much besides he had
not the money and declined to buy.
Hall testified that during the last
week in September, 1885, Mr.. a. Levy,
a merchant of Genesee, and father of
Louis Levy, came to his house and
told him that he chad now had got
Moon to agree to let him Levy have
the Improvements on this timber cul-
ture entry as settling the debt between
him and Moon, and now says he \ Il
you have been wanting this place for a
home and now is your time. Will you
take these improvements oifmy hands?
l have jewed him down 5000. On
what conditions Mr.. Levy, l says, will
you let me have them? For Sl4OO, he
says, at ten per cent, and all the time
you want. Says 1, l will take them.
What security will you give me, he
says. l told him l would give him Il
mortyage on my two wagons and two
teams. He says, all right the place is
yours. Though one more thing, what
right will you use on this land at
Moons REIMBURSEMENT? replied,
my presumption right. One thing, he
says, do you know when you give me
a mortgage on this property you can
not sell or trade or dispose of it, and
when you prove up on this land and
get the deed will you renew the mort
gage by giving me Il mortgage on it?
l says, yes sir, | will. All right, all
right, says he, the place is yours. In
ten days from today you, Mr.. Moon
and l will meet in Lewiston and fix
this matter up"
Hail also testified that Mr.. Levy
told him that he and his son Louis
had ri ghts, but it would not suit either
of them to use it on this land, and that
he wanted some one to take it off his
hands. "rhis was when l told him
l would put my presumption right on
it. On the 9th day went to Genesee
to the store and asked him if every
thing was in readiness for tomorrow
concerning the trade. He says, no,
have taken that place in myself. He
did not tell me his daughter Lizzie
had timber culture. l found it ont
by hearing several saying she had"
Hall further testified that he was q
widower with nine children, five OF
whom lived with him on the land con.
tinuously since September 1888; that
IN and prior to October 6, 1885, he
owned and had on the land the follow
ing Improvements, viz: a wagon
shed, hog corral and granary, also
another grauary partly built, with
material on the land To finish ii with
about a quarter of a mile Of fencing
posts and raiis-25 acres of newly
broken ground and about % acres
plowed; that he occupied Moon's house
until the latter part of December, 1885,
when be removed intoa new house
which he had built on the land. In
1856 he raised crop Of barley on p
acres and crop on p acres, besides a
supply of garden vegetables.
Louis Levy testified that on Novem'
Der 25, 1885, he purchased from his
sister the Improvements on the tract
and secured REIMBURSEMENT of hel
entry for which he agreed to pay
$500; that he presented her relinquish
ment at the local office, December 81
and the same was filed and her entry
cancelled and he thereupon made his
entry for the land. December 8, 1885
I spoke to Mr.. Hall and told him tha
l would like to have possession of my
house. l said l would not push hin
toward going out, that I would Civ
him two weeks, and if required few
days over. I would not press him
He said, Louis am to have the use 0
II acres for another season, that is al
the claim l have against that land