The silver messenger. (Challis, Idaho) 1890-1912, 1904-03-15


a visit.
After lapse of about 20 years,
says the Salt Lake Hearld, John E.
Dooly must make an accounting in
the estate of w. A. Norton, deceased,
of the funds received by him as trustee
of said estate. In so ruling in the case
of William Fl. Felkner, ct al, VS.. John
E. Dooly, Associate Justice McCarty
of the state supreme court holds that
Dooly could not divest himself of duti-
es evolved upon him as trustee and bid
in the Norton property for himself.
When the Norton estate was sold at
sheriff's sale about 1s years ago it was
bought in for about $50, 900, the aggre-
gate amount of the mortgages and
liens against it. In the suit of ]. F.
Hamilton and John s. Roher VS.. John
E. Dooly, it was alleged upon infor-
nation and belief that the
amount held by Dooly SO received in
payment of said property is over $780,
900. That the defendant, in violation
of said trust, SO placed in him, as
aforesaid, has mingled with his own
funds the money arising from the sale
of said property as aforesaid, and has
converted the same to his own use"
On Feb. 81, 1888, Norton executed to
Dooly two promissory notes for S1O,-
Aot
gave him a mortgage on an undivided
two-thirds interest in the Charles Dick
ems mine. The same year Norton bor-
rowed $40, 900 from w. s. Mccormick,
giving him mortgage on the remain
ing one-third undivided interest in the
mine, which had been transferred to
him by another party. On June goth,
1884, Norton conveyed the mortgaged
property to Dooly, with other prop
erty, in trust, to convert the property
into money and pay his debts.
At that time Norton was sick in a
hospital, and expected to die. At the
same time Norton executed a will,
making Dooly administrator, with the
power to take possession of all prop
erty and ''to turn the same into money
= = and out of the proceeds to salts
fly, pay and discharge all just debts
and liabilities, and the costs of
administration, and to distribute and
pay over all the residue OF the proceeds
TO Wilson and Margaret Norton, "
father and mother of w. A. Norton.
Norton died July IS, 1ss4,a little less
than a month after the trust deed and
will were executed. That same year
seventeen lien claimants began fore.
closure proceedings in Idaho. They
sued for wages. When the case came
to trial the claims of Dooly and Nc
Cornick were included. The latter
was given lien for S25,61o4l, Dooly
for S22, ,36s.77, and the seventeen con
testants Sc, 6,442.4o.
sale was made pursuant to the de
crees then entered, in 1856, to R. C
J Chambers, who acted as trustee fol
Dooly and Mccormick. No redemption
was made, and on Jan. %, 1887, tbs
time for redemption having expired
the sheriff who made the sale issued 6
deed to Chambers who, at the request
of Dooly, transferred the property, By
deed, to John A. Marshall, trustee, ,anG
on the same day Dooly received the
money for the property which plain
tiffs-W. Fl. Felkner, and others-ar'
now seeking to make him account for
On Dec. %, 1887, Hamilton & Rohrer
5 two creditors of Norton, sued Dooly
: in which they alleged the same trus
in their favor that appellants alleged
| in this action. 1t was they who alleg
ed that Dooly, through third parties
/ bought the property for which he wa'
r acting as trustee, for the amount o.
, the mortgages and liens, aud then SOLD
, it to English parties for about $500, 900
Dooly won in the district court, bu
! supreme court reversed the case. Tn
famous Hamilton case was then mad
a part of the suit in question.
: On Jan. 16, 1900, the plaintiffs sue
Dooly ito compel him to account 70
all funds that have come into hi
: hands by virtue of this trust, including
the proceeds of the sale of the two
thirds interest in the Charles Dicken
property, which they allege are no
Y less than $500 and without della
, pay into the court whatever balanc
T. shall be found upon such accounting
e to be in his possession, and that re
a ceiver be appointed by the court 7
t take possession of and sell the undi
5. vided half interest of the Hidde
t Treasure mine, held by Dooly by vii
J. tue of his trust, and all other propert
i and money that may be found in hi
e hands by virtue of said trust"
e In his answer Dooly held that tn
:. money received by him for the sale Q
It the Norton property was in trust, an
d that no accounting should be demand
=