Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1910-03-10

this letter, it plainly says so.
Under date Of September a, 1908.
Mr.. Garrett wrote TO Mr.. Hewitt
(Dlaintin's Exhibit 2O) and speaks
as follows:
Now, Mr.. Hewitt. if il is your
wish, Will get the board to-
gether and have a resolution
passed authorizing the making
of bitches and laterals to your
lands at your expense, or the ex-
pense of the land owners, and
the amount required to construct
the same viii be credited upon
the amount due thereon when
said bitches are completed. >"
1t thus appears by this letter that
Ar Garrett realizes that there is TO
be nothing due upon said water rights
until said bitches are completed or,
at least, does not consider said water
rights as paid for by the mortgage,
because he speaks of the amount
4 due thereon.
AS late as March 26. 1909, Mr..
| Yerkes, the president of said defend
ant corporation, in a letter addressed.
to Mr.. Hewitt, acknowledges that the
plaintiff is creditor of the defendant
corporation, as in tue letter addressed
to plaintiff (plaintiff's Exhibit X
Mr.. Yerkes speaks as follows, after
about to be foreclosed, which he
thinks is unjust:
Il AXE this position, Mr.
Hewitt, because. notwithstand-
ing the statements made to the
contrary, ] do not want anything
done that will jeapardize the
interests of any creditor, particu-
larly yours"
Let us now turn to the letters
written by Mr. Hewitt to Mr. Garrett,
and which were written in the light
of their agreement and after or dur
ing the time the water deeds were
being issued.
Attached to the deposition of Mr.
Garrett are a number of letters re-
ceived by him from Mr.. Hewitt and
which Mr.. Garrett Identifies as letters
received by him from Mr.. Hewitt.
and / have examined and re-eXamined
these letters in the effort to obtain
light upon the question here under
discussion. and | can find nothing. or
at least but little, to substantiate the
position taken by defendants and
ross-comDlainants that this mortgage
has been paid by the issuance of these
kater right deeds. and if it exists in
these letters. either the plaintiffss or
defendants letters, counsel in their
written briefs have failed to call il
to my attention.
Turning o Mr.. Hev tits letters to
Garrett and in so far as they relat to
this land and water right deed, we
find that he frequently writes Mr..
Garrett that he is sending this person
or that person to Mountain Home and
desires Mr. Garrett to locate them
upon lands; he is particularly urgent
that good land be selected and that
his relatives and friends be located
upon the choicest and best lands and
under date of April %. 1907 (de-
PENDANTS. Smiths. Exhibit - Mr..
Hewitt writes.
Now. set them to work and
pillow the 400 acres for me- for
it will do you the most good and
be also the best for me. Advise
me what you will do
Under date of July /. 1905 ode
PENDANT Smiths Exhibit 15) the
plaintiff writes Mr.. Garrett as fol
lows:
your papers and deed re-
lative to Section Q received. Now
when your board is called to-
gether 1 want them to ratify
mortgage as agreed upon and
also to empower me to dig
bitches to Sections a. 8, II,
and TO Johns. Henry's, the two
Lees. Miss James, Kimberley's
and the other pieces which / am
interested in"
From an examination of these
letters. the above are the only eX-
pressions I can find that might in
dictate that Mr.. Hewitt considers he
has an interest in these lands: also
it appears by this correspondence
that Mr. Hewitt returned some deeds
/, TO Garrett to be properly executed
and while Mr. Hewitt denied the
authenticity of this letter as emanat-
ing from him, still I think il was con
nected closely enough to bind him
: with its contents.
AS substantiating the position taker
by Mr.. Hewitt that he was not &c
give credit upon the mortgage foi
these water deeds until the land:
were patented or valid title secured
and the water furnished upon the
land. 1 call to cOunsels' attention
quotations in these letters from Mr.
Hewitt and addressed to Mr.. Garrett
5 the following under date of December
9. 1907. defendant Smiths Exhibit
no:
81 have collected only a little
over 100000 on them (referr-
ing to the collateral notes. and
I cannot give you credit for the
water deeds until the lands are
patented"
Under date of March %. 1908. tide
PENDANT Smiths Exhibit 100 as fol
lows
IF there is any possible mis-
take. don't let K. do any more
work. The boys all expect TO put
under cultivation and improve
their lands so as to prove up,
and. of course under our agree
ment. we do not endorse on