Evening capital news. (Boise, Idaho) 1901-1927, 1916-10-04
or emotional right.

sentimental or emOtlOnal rlgnt.
Then. too. even granting that The
contract could be rescinded. l am mot
clear that the state land board is de-
termined to trade this mortgage for
judgment against Mr. Huston. In
other words. a RECESSION of the mort
cages should not be had until and I'm
less 1t is determined that Mr.. Huston
is amply worth the amount of money
which was loaned upon the land, and
that return can be had If Judgment
| is obtained.
"If the land board Is sufficiently hd
vised in this matter, and has inve$ti-
gated the subject sufficiently to cbn-
vince itself that a Judgment against
Mr. Huston is as good as the mortgage
which the state now holds. then and
in that event a RECESSION of the contract
might possibly be considered.
STATE WAS NOT DEFRAUDEb
81 am satisfied that an action for
fraud will not lie in the present sta tus
of the case unless the land board is
convinced that the security which it
holds is not sufficient to pay the loan
which the state has made thereon. In
order for an action of fraud to lie, the
state of Idaho, through the land
board as I view the matter must
have been misled to its injury or dam
age 1t is not known to the land
board that the security which 1t hplds
is not ample to satisfy the loan Upon
an open sale; therefore, it cannot be
pleaded that the state has been de-
frauded out of anything by reason of
the action of Mr.. Huston.
1T is suggested further that an ac-
ton be instituted on the bond of Mr..
Huston for the amount of money thus
obtained on this property. but it seems
to me quite obvious that unless the
state can show some injury or dam
age by reason of the action of the
state auditor then an action upon his
official bond will not lie.
1T may be that the courts would
permit foreclosure of this mortgage
at the present time considering all the
circumstances of the case. Then aft
er the foreclosure, if the state finds
itself injured on account of making
the loans, l am quite sure an action
would lie upon the bond of Mr.. Hus
ton for the amount the state has suf-
fered by reason of his action in the
matter.
II am not sure that the state land
board desires these loans foreclosed
or attempted to be foreclosed but ii
such is the mind Of the board, | shall
he glad to receive further direction.
do not believe such a course on my
; part is justified under the resolution
referred to.
, ut will be remembered by the rhem
bers of the board that the undersigned
was in Washington on business of the
state at the time these loans were
made. The information upon which
, this letter is based. therefore, was not
derived from any personal rehcm-
brance of the circumstances, hut is
CLEANED from the reports on file only
and if any misstatements arc in
dulgcd as to matters of fact it must
be attributed to this fact.
1T Was understood from the reso-
luton that what the state wanted was
n civil action to reimburse it for the
amount involved in the loan: hence
there has been discussed only civil
remedies and no reference has beer
: had to any criminal action WNatso-
ever.
"Regrettng my inability to supply
the board with more definitP and
: complete remedy in it's predicament,
: am,
Yours sincerely.
! 81 H. PETERSON,
Attorney General."