Evening capital news. (Boise, Idaho) 1901-1927, 1917-11-01

Kent. SWA, 26-7-14, $50 acres; John
Shannon. NwA. 1A-9-le. 100 acres;
Martin /. Kennedy. Sh Sc. 34-s-14,
Martin I. Kennedy, 81 Sc. 34-S-14.
bert L. Serbia, Eh EN-, 3s-s-1l. 100
acres.
This accounts for all Of the lands
referred to mo fer investigation with
the exception Of about $3.50 acres
which had already been patented to
the state. and was probably errons-
ously included in the list. No serious
problems seem to enter into solution
of the above cases other than the pos
sible method to be followed in the can
collation. of the fraudulent entries.
HIRED ENTRYWoMAN.
The lands now held by Barnett and
Simonton, being the SEA Of Sec. 3,
Twp. s, S. of r. Is E.. and the entry
now owned by w. N. Seitz. being the
NW1s of Sec. 2, Twp. 8 S.. r. Is E.,
involve difficulties which are SEEM
ingly impossible to overcome without
doing an injustice either to the pres
ent owners of the land or the holder
Of the mortgages, the Central Trust
company of Chicago, Ill. 1t Is around
these two entries that most Of the dis
cussion has centered, and II it were not
for the questions involved therein, the
matter Of the Holllster lands could be
easily disposed Of.
The Seitz land. entry No. asa. con-
tract No. SIS, originally entered by
Benton Clement who assigned to
Emma E. Eisele. February IS, 1909;
CHI do An nd 10 Tor
decided the land to II. L. HOLSTER.
This land was sold by HOLSTER to w.
n. Seitz who gave a purchase price
mortgage to HOLSTER for $500. This
mortgage was placed as collateral for
loan with the Central Trust COM
pany of Chicago. 1t appears that the
Central Trust company has foreclosed
the lien on the pledge and Is now the
owner Of the mortgage and the note.
There is no evidence to show any col
fusion between HOLSTER and the orig
inal entryman, Benton Clement, but
there is abundant evidence to show
that Hollister practically hired Miss
Eisele to come out and make proof
upon the land, that he paid her for
doing the same, and that she con-
veyed the property to him after proof
pursuant to an agreement made at
the time of her entry.
There is also evidence to indicate
that HOLSTER wilfully misrepresented
conditions to Seitz and that Seitz
bought the property relying upon the
representations made by HOLSTER. j
have not found any evidence to show
that the Central Trust company had
any knowledge of any irregularity in
the proof or in the title to the, land at
the time they accepted the mortgage
as collateral for loan.
l am unable to suggest an action of
the board on this entry that would not
do an injustice to Seitz who was prob
ably victim Of Misrepresentation on
the part of HOLSTER or to the Central
Trust company who evidently took the
mortgage as collateral in good faith
A compromise between these parties
might be worked out.
BANK INNOCENT.
The Barrett and Simonton land, en-
try 764 SEA. Sec. 3fi Twp. s s., r. Ia
e., was originally entered by John f
Allen Merrill. Merrill made final proof
and later decided the property to Hol-
lister. HOLSTER decided to Rudolph A
and Sarah E. Anderson. The Ander-
sons executed a mortgage for $780,
077.40 in favor OF HOLSTER in payment
of the land. This mortgage apparent
/ ly took the same course as the Seitz
mortgage; was placed as collateral fol
loan with the Central Trust com
| pany of Illinois who foreclosed the lier
on the pledge and who is now the own
er of the mortgage.
| I found no proof of any collusior
between John f. Haines. the origina
entryman, and HOLSTER. but evidence
at hand indicates that the assignee, J
Allen Merrill, was employed by Hol.
lister to make proof and that the saiG
Merrill had no real interest in the LAND
at any time.
/ have been unable to find anything
to indicate that the Central Trus
company at the time of taking the An.
derson note and mortgage as collatera
security, had any notice Of any frau6
in procuring title. upon the part o.
| HOLSTER or any other person. Thi:
: land was decided by Anderson to Bar
! rett, who took it subject to the mort
gage thereon, and he later transferred
half of it to DIR. Simonton. An aft
davit of Mr.. Barrett indicates thai
/ from 1909 until 1915, he was in active
charge of the First National bank o.
4 Wendell; that the bank had dealing:
with Mr.. HOLSTER and letters which
were on file in the bank as early as
1909 indicated that some Of the Off
GERS of the bank had notice that Hol-
lister was taking very active interes
in the proof of many of these entries
that on Oct. /. 1909, Mr.. Hollistel
wrote Barrett. who was then cashier
of the First National bank of Wendell
about settling for number of houses
built on these claims, among Them wa:
l the Merrill house.
T. y