Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1910-04-28
Third Water Decision.

BOISE. April ga third decision
within three days regarding the
validity of water rights under the
canals Of the Great Western Beet
Sugar company was handed down by
the register and receiver of the Boise
land Office yesterday and seemingly
established a precendent to the eff
feet that after the financial condition
of the concern became a matter of
common knowledge. an entryman is
charged with knowledge of all condi-
tions and in face of a contest he
would be required to show that the
right purchased by him was a valid
right, and the company had such an
amount of water for delivery upon
the completion of its canals. This
ruling was IN the case of Martha
Brader VS.. Francis A. Shaw, and in
volved a tract of 800 acres in the
vicinity of Mountain Home, the entry
being held for cancellation.
THE case has been submitted for
our consideration on a stipulation of
facts" the decision states. This
stipulation shows that no work has
been done on the land. 1t further
shows that this entryman entered
into a contract with George H. Shell
lenberger, under which said Shellen-
berger assigned to him a purported
water deed from the Great Western
Beet Sugar company for the land In
consideration for this assignment
said Shellenberger was to have trans.
ferred to him by the entryman after
= final proof 24O acres of the land
This contract was made prior to the
Offering of the annual proof in 1908
, Subsequently this entryman dis
covered that the contract entered into
by him with Shellenberger was lille
gal, and said contract was thereupor
revoked upon payment by the entry
man, as alleged, of the sum of $1,000
to the said Shellenberger This pay
ment it is stated, was made on No
q vember 5, 1909. This transaction
involving revocation of the contrac
r. and payment by Shaw to Shellenber
S ger. is not stipulated as a fact, bu
simply as a statement to which sal,
= Shaw and Shellenberger woul'
q testify
[ "A further stipulation is that thi
entryman did not pay to the Grea
Western Beet Sugar company. prio
, to making his first annual proof tn
sum of $4,000 (the amount shown i
, the first annual proof or any SUI
whatever for the water deed upo
which that proof was made. 1t
l. also stipulated that the books of az
It count of the Great Western Bee
Sugar company, now in the hands {
}. the receiver of said company, did nc
< show that any payment whatever wa
k made by the said George Shelter
o berger or Francis A. Shaw, or eithe
of them or that they or either {
IT them. ever executed notes to the sal
d company or in payment of or in COZ
IL sideration of the said water contrac
m which the said Shaw now holds an
y which in his annual proof represen
g. ed that he owned Thel
is nothing in the record to indicat
,e that Shellenberger or Shaw eve
,. made a payment of any kind to I'll
e. Great Western Beet Sugar compar
on account of this water right; q
D. the contrary, it is stipulated that IL
books of the company in the hant
id of the receiver do not show that al
payment was ever made to that cor
lg pany by either of these persons.
Furthermore, this payment WI
made after the Great Western Be
ID Sugar company had gone into Il
i. hands of a receiver. The financi
condition of that company was