The daily star-mirror. (Moscow, Idaho) 1911-1939, 1915-12-17
TITLE QUIETED
TO CRAIG CLAIM
JUDGE STEELE HANDS DOWN DE-
CISION IN IMPORTANT CASE
AFFECTING REAL ESTATE
Involves One Of Oldest Tracts of Land
in Northern Idaho -Preempted
Under Donation Law

Judge Edgar C. Steele, in the dis
trict court last evening, issued a de-
cision in the case of Maria Caldwell,
plaintiff, against Martha Robie Waugh
an and others, defendants, the decis-
ion being in favor of the plaintiff
The case has been in question a num-
Der of years and comes from Nez
Perce county, and sets at rest title
to one of the most important cases
affecting real estate ever tried in the
second judicial district
The property in controversy is the
land now held by Henry Thiessen, and
has long been known as the Colonel
Craig donation claim or the Caldwell
ranch and is on Lapwai creek about
five miles west of Culdesac. 1t is one
of the most valuable farms in the Lew
iston country.
It was probably the Oldest piece of
property in point of time of settle
ment under the laws of the United
States in Idaho. Col. William Craig,
who was afterwards an Indian COM
missioner in the northwest for the
United States, settled on this land in
1864, and lived there with his wife
until his death in 1869. 1t was for
Craig that. the mountain of that name
was called. The settlement of the case
shows that the plaintiff brings this
action to quiet her title to $40 acres
of land valued at about $4,000 against
all of the heirs of Isabella and Will
uated in Nez Perce county, and is
known as the Craig Donation Claim. .
In part the decision of the court is
as follows:
"As to hte first contention, the court
finds that William Craig and Isabella
Craig had resided upon the land, and
cultivated the same for more than
four years. and that this gave them the
right to sell the land at the time it
was decided to Phinney and Rice See
case of Close E. Sylvester and Mary
A. Sylvester VS.. State of Washington,
in which it is held as follows:
GA claimant under the Oregon do
nation act of September 9th, 1850,
who had not made final proof, but had
occupied the land for more than four
years, could make a valid deed OF his
rights in said land
"As to the second objection, the
court finds that at and after showing
compliance with the law under the
donation act, a valid deed could be
made, and that the government, by not
making surveys, or withholding patent I
could not take away this right.
"The court also finds the deed from |
Isabella Craig, valid, and not void for
but does hold that by |
said deed she intended to convey all
her interest in said claim both as an
heir and as the wife of William Craig.
She originally owned an undivided
one-half interest She had parted +
with portion of said interest prior
to said deed, but the statement made
in the deed. in the judgment Of the
court, show that she had in mind the
purpose of conveyance of all her in
terest.
sWhen William Craig made such
proof as entitled him to patent, which
was in 1855, the law regards that as
done which should have been done.
The government cannot, by delaying
the making of a survey, and thus de-
laying the issuance of patent, affect
The rights of the claimant to the land.
It would be unjust and inequitable.
William Craig had the right under the
provisions of the Oregon donation act
to sell the land at any time after he
had resided thereon, and been in pos ,
session of the same for four years or
more, mad the government was bound,
n all good conscience and fair deal
ng to proceed and issue patent, the
same as if the land had not been sold.
The government, after lapse of 60 !
sears did carry out it's obligation. S
"The court feeling that the defend