The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1912-10-24

The supreme court yesterday hand
q down decision In the case of
Elpora B. Ainsworth, ct al, appellants
Y. p. w. Harding respondent, revers.
- the district court for Bins ham
ccunty The opinion is written by
Chie6 Justice Stewart, concurred In by
Aishie and Sullivan. George E. Gray
appearing for the successful appel
hnts and Holden & Holden for re-
pondent. The court makes the fol-
bwing findings:
In the complaint filed i'm the dis
hict court by the appellants the
uuse of action Is alleged as follows:
first, that on or about the 9th day of
April. 1905, at Grangeville i'm the state
4 Idaho, one Caleb Squibb died In
estate, seized and possessed of q
|hrge estate consisting of both per-
|0nal and real property situated In
ElAe counties Of Idaho and Bingham
II the state of Idaho. and at his
Death left surviving the plaintiffs.
dnghters. and two sons, one Joseph
Squibb and one William SQuibb. as
sole and only heirs; that the defen.
dant Is . regularly admitted and
predicting attorney at law and
member Of the bar OF the state of
Iowa; that In the month of July.
1906, the respondent was employed
BY the PLAINTIFF as an attorney at
Nv and attorney In fact; that in
pursuance of such employment and
BY reason thereof. and in settlement
d the rights Of plaintiffs and their
interests in said estate, the respon-
dent secured, on or about the 3Oth
Nv Of July, 1906, at Grangeville, a
deed Of conveyance from Joseph
SQuibb and William Squibb, sons and
heirs with the appellants of the es-
tate Of Caleb Squibb. Of certain lands
h Bingham county. state of Idaho.
This deed was duly filed and record
ed; that it b also alleged that while
the defendant took such conveyance
Of land in his own name as grantee,
that in truth and in fact the title
90 obtained by him was in trust for
the sole use and benefit of the plain
tffs as heirs at law of the estate
Of Caleb SQuibb, deceased; that the
defendant disregarded his duty and
obligation as such attorney for these
plaintiffs and in violation of the trust
and confidence reposed in him and
In violation of the trust relation con-
ferred upon him by the conveyance
has without any right or authority
ever since the delivery of said convey
ance held the said land and the title
hereto as his own and repudiated
said trust relation and neglected and
reused and neglects and refuses to
convey said land or any part thereof
70 the plaintiffs or recognize In any
way their right, title or interest.
The respondent in his answer to
the complaint admits his employment
as alleged in the complaint and al
ieges that he thereafter proceeded to
the state of Idaho and carefully and
completely investigated the records
Of Bingham and Idaho counties in
IDAHO as well as all other matters
and things pertaining to said estate
70 search of any and all property
etner real or personal, if any, be-
lmgng to the estate of said plain
lifs' said father, Caleb Squibb, and
o protect and secure for the plain
WIS and each of them their respec-
I'VE portion or portions of said es-
ate. Respondent also in his answer
lueges in substance and effect that
V made a thorough investigation and
WI report to his clients and took
ne land for himself after full and
air understanding, and with their
'onsent, and that he is now, and for
long time has been the owner and
possession and entitled to the pos
ession of the lands i'm controversy;
nat the estate of Caleb Squibb con-
ssted solely OF personal property, and
nat at his death he did not own or
'ossess or have any right, title or In.
crest whatever in or to the lands
eretofore mentioned and described;
nat the defendant ascertained the ma
are and extent and amount Of the
state of Caleb Squibb. and procured
Or said plaintiffs their entire inter
g and their share of said personal
roperty In lawful money of the Unit
states In the sum of 1920, and
aid the whole thereof to said plain
HIS; and that prior to the termina-
ON of his employment the defendant |
urchased of and from Joseph Squibb !
nd William Squibb the lands and
femises described and involved in
als case; except so acres of the
NJ