The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1904-08-27

DOCK 60; all in the city of Caldwell,
according as they appear on the re-
ViSed plat of said city, now on file
IN the otlce of the auditor and re-
corder of said Canyon county, of
the state of Idaho. So.
The said defendant claims all
interest in said one-sixth interest
IN said premises adverse to the
claims of your orators, and each of
them, but that the nature of said
claims of defendant are to your
orators unknown. That the said
claims of said defendant are and
each of them is without any right
whatever and that said defendant
has 10 estate, right, title or interest
whatever in said undivided FIVE
slxths interest of said lands or pre-
mlses or any portion thereof.
That the whole of the above
described land is vacant, unoccupied
and unimproved, and neither of the
complainants nor defendants are
now or ever have been in the occu-
lancy or possession of the whole or
any part thereof"
The court is asked to decree
that said defendant has no estate
or interest whatever in or to said
undivided fve-sixths interest in
said lands or premises or any part
thereof; and that the title to your
orators is good and valid and that
the said defendant be forever en-
Joined and restrained from asserting
any claim whatsoever in and to said
undivided fve-sixths innterest of
said lands or premises adverse to
your orators"
1t appears that in the year 1879
man named Ola Larson died in
the city of Lacrosse, Wis, leaving
three children, Julia Larson, Lars
Larson and Iddius Larson, all min
ors. Prior to his death he had ac-
quired the right to locate so acres
of land under the laws of the United
States.
In the year 1880, a woman, To-
nette Kristianson, was appointed
guardian Of the minor children. As
such guardian she executed a pow
er of attorney to D. H. Talbot to
locate SO acres Of governm ent land
for said minor children. Talbot in
turn executed power of attorney
to Andrew Whitehead, substituting
the said Whitehead in his stead for
the purpose of locating the land for
the minors.
By virtue of this power of attor-
ney, Whitehead, in 1884, made
entry in the United States land
Office for the north half of the south
west quarter OF section 22, township
4 north, range 3 west of Boise
meridian, then in Ada. county, now
being the land upon which is locat-
ed the principal part of the present
city of Caldwell.
In 1884 United States patent to
said lands was duly issued to Lars
Larson, Iddius Larson and Julius
Larson, the minor children OF Ola
LARSON
1t appears that no attempt was
made by the minors or anybody
representing them to take posses
sion of said land.
About this time the town of
Caldwell was located on this land
and the Idaho & Oregon Land I'm
provement company, claiming title
to the land, plated it, sold parts of
it to various parties and finally
transferred the remainder still
claimed by them to the Caldwell
Land company, limited, the corpor-
alton against which suit is now
brought for the quieting of the title
to the 256 lots still claimed by the
company.
The property is easily worth a
million dollars and while Caldwell
people are not worrying much, it
would be no joke if the plaintiffs
should win.