The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1905-09-16


lowed implicitly his advice and eoun-
sci in all business matters.
The complaint alleges that through
the advice OF her attorney she was In |
duced 10 agree to sell her lands, en-
bFacsd within the reservation, TO
John A. Benson, at "a per acre, the
deeds for which were 10 be placed In
escrow, 10 be taken up by the puF-
chaser at bis convenience. The pa
pers were submitted TO her for her
signature, aud the same explained TO
her AZ the deeds conveying the land,
which we're TO ba placed Ia escrow.
II afterwards developed, 90 the
complaint alleges, that in place Of
deciding the lands 10 Benson, she con-
yeyed them TO the United States,
and that among the large number Of
papers she Was induced to sign. was
power OF attorney, with the name
left blank, and a number Of baink
applications for the selection Of
lieu lands."
Ia order to deceive her, II Is al
legged. Benson, made two small pay
ments in money, which she accepted.
When she Afterwards learned that
she had decided the land 90 the gov
eminent, instead OF to Benson, she
vent 20 her attorey. who explained 10
her that everything vas alright.
and that shs could withdraw the
transaction whenever she chose TO do
90. -
/ The power Of attorney, IL lie al
legged, was oiled Qua with the name
Of X 81. Cobban Of MissoulA, Mont.,
and bears date March J, 1901. The
instrument pnrpoTts 20 grant full
poser 20 convey the lands Of Mrs.
Conklin, aud that for "a valuable
considsTAtion" Il IL made iTrevocs'
BILE.
Cobban, acting as said attorney In
fact, selected the lieu lands" to
which biz principal was entitled, un-
der her conveyance, aud By The sane
authority coHvsyed them TO +. b.
wsirick, a. trustee, for = consideFa'
ltion ot Ell, that the ssid welFick IL
believed 10 hAvs transferred the title
held by him 10 the Psystts LnmbeE
company.
Tho complaint, bEilefiy stated, Il
that CRmpbeli conapired With Bensor
10 secure the lands In the manner
stated, aud the signing Of tbs powell
Of attorney under whioh Benson act
ed that the complainant did no
know Cobhan. bad never seen him
} and bad never placed amp confldenc'
or trust ia him. aud Il no time made
him her attorney, aud ass IN entir
Ignorance Of the fact that be Was act
ing ~ such. II IL further allege'
that the notary public whose sigma
,ure and zeal appears on the insiru
, msn,s. ~ the offer before whom th
acknowledgements we're taken, neTs
existed IN fact At the place stated o
auy other vioiuase; that cobban an
wiesick wsTe acting at ell times =
: agents ana dummies" for the Pay
elite Lumber eomany. uho is the res
. defendant 90 the action.
The prayer OF the complaint ask
I that the power Of attorney and th
. deeds executed through lie purportes
authority be aot aside. and the CON
. platnant be decreed the owner OF IN
{ Interest Ia the land to which she
l. entitled, aud that commissioner {
appointed by the court to make ii
conveyance.
The lands involved, the title I
which ia sought TO be recovered
- is some 1900 acres of fine timber
Boise county, and II IL said TO
a worth upwards of $50. 600.
i Former Attorney General J ". Nj
Klnley and n. F. Conklin Of Sa
n Francisco. and 6eaeral George :
Il Parsons Of Boise, appera as attorne,
q for Mrs. Couklin.