Evening capital news. (Boise, Idaho) 1901-1927, 1912-09-26

HERBERT Lemp, executor OF the estate
of John Lemp. deceased and Herbert
Lemp executor Of the estate of Ed
ward Lemp, deceased. The deed was
issued by Mr.. Haines while conducting
what has been claimed to be q busi-
ness administration for Boise.
Claim lemp Never Owned Property.
The complaint OF the city charges
that John Lamp never acquired the
property conveyed by the deeds of
James A. Pinney and John M. Haines.
for any of the purposes contemplated
by the townsite laws of the United
States and the state OF Idaho, but
plaintiff alleges that said Lemp ac-
Quired said property for speculative
purposes and has held the same for
said purposes during all the time since
said deeds were issued by the mayors
of said city, and has not at this time
any permanent improvements upon
same within the contemplation of the
townsite laws of the United States and
state of Idaho"
THE city further alleges that the
same deeds were issued to said Lemp
for an unconscionable inequitable and
grossly inadequate consideration, as
said property was worth not less than
$4,000 at the date Of said respective
deeds. and Is now worth not less than
$4,000 and for this reason said deeds
and each Of them should be declared
void and of no effect"
Haines Deed Declared Void.
1t Is also claimed that the deed is
sued by John NJ. Haines is void and of
no force or effect and cloud upon the
title of the plaintiff Hodges acting in
behalf Of the city, who alleges that he
is holding said title in trust for the
benefit of the people of said Boise City
in their c lective capacity"
The city prays in concluding its COM
plant that the deed Of James A. Pin
ney, as mayor and trustee, to John
Lemp, Of Gate of June s. 1891, recorded
In book Of deeds at page 434. and the
deed OF John NJ. Haines, as mayor and
trustee. to John Lemp. OF date Of Feb.
26, 1908, recorded in book "A OF deeds,
at page 1854. both in the recodrer's Of
flee Of Ada county, Idaho, be cancelled,
annulled and held for naught as fully
completely as II the same had never
been, and that plaintiffs title In and to
tiIC property uCSCIipCu Ill cdCu VI Sdiu
deeds, be quieted and confirmed, that
he be declared the eowner thereof in
| trust for the people Of Boise City and
If plaintiff had mistaken his remedy.
or has prayed the wrong relief or the
right relief in the wrong way. then he
prays such other and further relief,
either general Or special as COMFORTS
with equity and good conscience"
Dates Back to 1868.
The history OF the triangle Is given
in the suit. 1t appears from the al
| legations that the land was originally
squatted on by John Lemp and that
title has never passed to him; that
later he left the land for long periods.
The complaint dates back to Jan. s13.
| 1868. when Henry T.. Prickett as mayor
of Boise, made application at the land
| office in this city under an act Of con-
gress approved March 2. 1867. for the
benefit Of occupants of the townsite
and on May 2. 1870. patent was issued
to him. He gave due notice under the
law for all applicants claiming land
within the townsite to present their
claims in writing to him within 60
days after the filing Of the plats and
that after all claims were in all lots
and blocks remaining unclaimed could
| be sold by the city. A deed was given
by Mr.. Pinney to Lemp. June s, 1891,
for the property including the triangle
or ASS acres, title to which is disputed.
and the city claims that II was not
then plotted into lots or blocks and
| that therefore the deed is not valid and
Mayor Pinney was without authority
to deliver such deed and Lemp was
not an occupant OF the land at the
time of the entry and never laid claim
to the land until after the year 1886.
Walter Il. Pierce Is named in the
complaint as having on June Is, 1897.
made application at the Ian doffioe, for
an additional TOWNSHIP entry under the
laws and it was allowed: that on May
23. 1898. a patent was issued to Pierce,
as mayor In trust for lot 10, section 3,
township north, range 2 east. con-
tanning 1.13 acres.
! 1t is also alleged that on Feb. 26,
1908, John NJ. Hsines. as mayor of
Boise City, and the successor In office
and in trust to said Walter f. Pierce,
in consideration OF IS. made, executed
and delivered to John Lemp. his deed
for lot 10; section 8. township 8 north,
range east of Boise meridian con-
tanning 1.13 acres" which deed the
city in its suit declares Is null and void.
|
| Friends Expected Her 70 Die.