The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-04-26

property mentioned and described in
said Exhibit A for $685., 800, being the
aggregate of said s3l2,50O and said
$4,000, and In addition thereto to pay
the plaintiff $4,000, her undivided
one-sixteenth interest in the estimat-
ed cash reserves in the treasury Of
said Hercules Mining company after
deducting therefrom all current ex-
penses and indebtedness for the
month Of October, 1916, making an ag-
gregate of $4,000, and that the pay
ment for the same should be made in
the following manner, to-wit: $4,000
in cash and the balance of 1920,
within thirty days after the execution
of the conveyance transferring said
property to the defendant Eleanor Day
Boyce, said Eugene r. Day having
stated to Allen that he desired to have
the title to this property taken at that
time in the name of said Eleanor Lay
Boyce.
Money Paid Over.
Thereafter and on the 2Sth day OF
October, 1916, said Allen as the repre-
sentative and agent of said plaintiff,
again came to the Office of said Eu-
gene r. Day in Wallace, Idaho, and
stated to him that the plaintiff was
ready and willing to make the convey
ance for said property under her
aforesaid offer and the said terms
thereof, and that she had made a trip
from Spokane, Wash, to Wallace,
Idaho, for that purpose and that she
was anxious to close up the deal and
to make the transfer Of said properly
to said Eleanor Day Boyce; that
thereafter and on the 2Sth day of Oc-
tober, 1916, said plaintiff did duly exc
cute the deed of conveyance of which
said Exhibit A is copy; and upon
the consideration of said Eugene r.
Day and Eleanor Day Boyce paying to
her $4,000 in cash and the balance of
said $4,000, to-wit: $4,000 on or
before the 2Sth day of November,
A. d. 1916, said plaintiff did execute
said conveyance on the said 28th day
of october, A. d. 1916, and thereupon
said defendant Eugene r. Day paid to
said plaintiff $4,000 in checks, one for
the sum of $4,000 drawn on the Wal
lace Bank & Trust company, and one
for $4,000 drawn on the Exchange Ma
tional Bank of Spokane, and the said
plaintiff then and there signed an es-
crow agreement depositing with the
Old National Bank of Spokane said
conveyance to the effect that such
bank should deliver to said Eleanor
Day Boyce. or to her heirs, executors,
administrators or assigns the said
deed of conveyance.
The Family Division.
Subsequent to the time of placing
of said deed in escrow by said plain
tiff, in the bank in Spokane, and prior
to the time when said Eugene r. Day
and Eleanor Day Boyce took said deed
out of escrow the said Eugene r. Day
and Eleanor Day Boyce contracted to
sell an undivided one fourth interest
in said property to said defendant
Harry l.. Day and an undivided one-
fourth interest in said property to said
defendant Jerome j. Day, and that
subsequent to the taking of said dead
out of escrow said Eleanor Day Boyce
made, executed and delivered a deed
of conveyance for said one-fourth in
terest in said property to said Harry
l.. Day and deed of conveyance of
said one fourth interest in said prop
erty to said Jerome ]. Day.
Hercules Not Worth Price Paid.
That the price paid to said plaintiff
for said property as aforesaid by said
Eugene r. Day and Eleanor Day
Boyce approximates and largely ex-
ceeds fair consideration for the said
property purchased by said Eugene r.
Day and Eleanor Day Boyce and con-
veyed by said deed of conveyance to
the information in the possession of
the said defendants, Eugene r. Day
and Eleanor Day Boyce necessary to
enable the said plaintiff to form a
sound judgment of the value of the
said property, including all property
described in said deed of conveyance
of said plaintiff excepting the Burke
real estate was impaired to and COM
municated to her. the said plaintiff
by said Eugene r. Day, before the
date of the execution of said deed by
her, to-wt: the 2Sth day of October
A. d. 1915, and that she was in full
possession Of such information on
said day before she executed the said
deed"