Correspondence, Levi Syphus to Sadie George

Stromas,Nevada,July I7th, 1931 Mrs Sadie B.George Los Angeles,Cal Lear Madam:- Herewith please finde enclosed instructions to the Banh of Pioche,Inc,at Pioche,Nevada,for dividing and paying out the money in and that may come into the escrow of which it is the holder.under the transaction created by our agreement with Stewart for the sale of the Magnesite Claims. You will note that there are two copies,differing one from the other,please signe both of them,Just which of them I will file with the ban3t 1 have not yet decided,but in any event.it will not mahe any difference to you,so far as your money is con­cerned, as the twelve and one half per cnat named in both forms to be turned to your account,constitutes your full portion of tie money,that is One eight of the $&&$$$$&& $200,000,or,that is,I should say,if you get one eight of all money that comes in during the life of the deal,whether it is concluded and the full amount paid in or whether it is sooner terminated,by failure,and a lees/ amount paid in, the said one eight will amount to twelve and one half per cent of said money as set out in the enclosed instruct­ions and will be your full and proper portion thereof,Leaving the matter of a set-tlement with Professor Talmage for his imtrest to be contributed by each after they shall have received their Stewarts crowd lived up to t beir agreement by paying into the bank at Pioche, on the first inst.the sum of $100.00,and I presume are going through with the deal,that is as long as there is only #100 per month to pay,which is the sum to be paid for a period of thirteen more months,But on on® year from September 1st next, they will have to pay $6.500,and a like amount &&*&*£&&&&& each three months thereafter u till $25,000 have been paid, then the payments go up to $25,000 at each installment,Andunder the instructions that will be filed with the bank,you will each month have placed to your credit with it,your twelve and one half per cent of all money that has been paid during the last proceeding month, and of which the ban! will each month notify you .Please return,by registred mail,at your earliest possible convenience, both copies of instructions,duly signed,whereupon I will file the .one decided upon by that time and destroy the other, You have no doubt,heard from WiHard,that he was here a few days ago,for a little while,and that we ran down to the salt for a hurried once over,I judge,from what he said,that he has gotten anywhere in the matter of a sale of the property. It is my judgement,that there should be a regular annual! election of officers of the company this fall.probabley about October or November 1st,after the wether has cooled,! full number of directors elected and a general police of the company adopted,to meet some conditions that may arise,within/ fhe coa­ming year or so, very truly yours ^ c COPY July 26, 1921. Messrs. Henderson & Stephens, Attorneya at law, Las Vegas, Nevada. Gentlemen X am_writing you at the instance of Mrs, Sadie B. George of 802 Kensington Road, Los Angeles, California. I understand that she has been referred to you by Hon. Levi Syphus of St. Thomas, Nevada, and that her son, Mr. Willard H. George, had some conversation with you a few days ago when he was in your city. She owns a tract of land in your county which is described as follows: E 1/2 of Sj 1 1/4, Sec. 14, | 16 S, ;R 56 E. K.D.M. The title to this property was initiated by contract No.10897 of the State of Nevada with Hampton E. George, the same dated March 27, 1902, and providing for the sale and purchase of the above described lands. Following the contract, there was issued patent No.6696, covering the above described lands by the State of Nevada to Hampton E. George. This’patent was dated March 1, 1910, and recorded February 21, 1912, in Book 2 of Deeds, Page 228, Clarke County Records. Prior to the issuance of the patent but pending the contract period, the property was deeded by Hampton E. George to Sadie B. George by a deed, the operative words of which are: "grant, bargain* sell, eonvey and confirm to her, her heirs and assigns". This deed was recorded December 24, 1907, in Book Y, of Real Estate Deeds, Page 314, Lincoln County Records. The ’above named contract is not marked as having been recorded. I presume that Mr. Willard George gave you some narrative of the acts that have been carried on by one Ira McFarland? and wife, from whtch it is surmised that it has been their purpose to acquire either by adverse possession or by the "floating" of the survey, the title to these lands. Mr. Willard George tells me that When his father deter­mined to take a oontra&lr from the State of Nevada for these lands, he went upon the ground and made a careful search of public survey monuments, determined the proper legal subdivision to be as de­scribed in the contract with the State and in-the patent and in the deed, set monuments at the four corners of the 80 acres and possibly on the boundaries, and. thus identified it upon the ground, it was so located as to entirely include the water known as Mesquite Springs, the same, as I understand it, consisting of seven or eight / years. Henderson & Stephens -E~ July iff 1981. '}f | /springs in small bumps or knolls situate porbably about the /enter of the tract North and South and below that line, and to their best recollection nearer to the West line than to the East line, the nearest one being probably 300 feet East of the West line of. the tract* :' I am giving these facts to you because it is now under­stood : 1. That the McFarlands have undertaken to syphon the water from these springs or some of them to other parts of the tract and possibly onto other lands adjoining. 2. Have probably committed some sort of acts of -possession or occupancy, such as the planting of a fruit tree near one of the springs and syphoning the water from the spring to it, and plaptiPg ? a few fruit trees either on some remoter part of the tract or on adjacent lands and hauling water from the springs with tank wagon to irrigate them. It is the supposition that very shortly, probably by August first, it may be •possible, under the conditions, for these people to set up a claim of ownership to these lands by prescription under the Statute of limitations. In this- connection, however, it i 1 ity understand ing th&t Mrs. George has;paid the taxes on her 80 acres every year. Some times taxes are juggled, however, by being paid by both parties. The Georges have also learned from some source that McFarland claims to have made surreys or caused surveys to be made, starting from remote monuments and going many miles distant, and this determining that the 80 acres Patented, as hbove shown, to Hampton E. George, is not located so as to include the Mesquite Springs. I take it from their description of the country that the Springs furnish the. finest feature fro value that the land has, and I have taken pains to elicit from them these facts, in order that they might, in the form of action which your law will require, be of some service in identifying the'land, not only by the description of the same accord­ing to Government subdivision, but also with reference to natural monuments, particularly the Mesquite Springs, which, from what they tell me, is a name so distinctive and so well and so long known as naming and identifying the locality where they exist as to amount itself to being a fair description of the land. I take it that the land should he described as containing and including all of the water and the knolls known as Mesquite Springs. It is Mas. GeorgeTs desire that you at once, if it seems proper to you, commence an action in her name against Mr. & Mrs. McFarland, the correct forms of whose names you doubtless know, and including in the action such person or persons, if any are known to you, as are co-operating with them in the trespass and in the efforts to get away from her her title to her tract, including the Mesquite Springs. * V Y 1111 O 01 «* *f: ?V* A & & gf % K<9 ? Vfij mm • O | 0 O ?" :% o o % vSt? I H ;:s*' <s ?mZ ssrs. Henderson & Stephens -3- July 26|1921 hu&ber of Under our practice Hoes; and Hoes* we would also acid as defendants a I trust that this letter will reach you by the 27th inst and that you will be able to take care of it at once, getting your action into as acceptable form as you can on short notice. If your rule of practice requires the comulaint in such action to be verified, Mrs. George requests that you make the verifications. If it does not require verification you can of course file it without, and at some future time, should it be necessary to file any amended form, you can send it forward to her and lether verify' it in advance of filing. the My Recollection is that your statute requires issuance of summons forthwith unon the filing of the complaint. to be And I recorded. assume that a notice of action would be required costs. on account of the I am sending you my check for $20.00 including filing fees and recording. I do not axoect to be associated in the case, and request that you will make such communication to Mrs. George in the prem­ises as you may dean, proper, and from this time take the matter up with her. Sh'f apparently did not feel able to make the necessary statement to yop, and requested me to do so. Very truly yours, (Signed) THO! T0T:HS 0. TOLAHD. July 30, 1921. Messrs* Stevens h Henderson, IA«t&t8 oVrengeayss,- atR-eLva#w, Gentlemen:-* On the 26th last. I wrote you at length In regard to commencing as action for Mrs. Sadie B* George for the nr0- t«otion of her title to the 1 1/2 of H 15 1/4, 1 J , T 16 S, M §5 15, M#D*&. I made the ©istake of addressing you as "Henderson & Stephens whichjWas according to the infonaatlon that was given to me, but I hate no doubt the letter came to you. Although I stated that I did not expect to be asso­ciated In the case and that you would have your dealings with Mrs* George, I certainly thought that I would have received an answer fro© you before this if you received my letter. Surely her action should be begun and notice of action filed not later than Monday, August first, After the re­quest made of ytu by my letter, I shall hone to have a -eply fcoruorms yeo yuo up rhoamvptel tya kuepno.n receipt of this , letting me know what For fear that the letter which I wrote miscarried or failed to reach you, I am enclosing a cot>y of the same* 1 .a ssi i! but I said noth to you to deter* your own state ime that the action would be one to quiet title Ug about that in my letter, because I left it * 1lrianee tiwchea*t form of action should be used under Mrs* that this matte:(eorge considers it of very great importance be attended to forthwith* Tours truly, O - TOf:HS August 4, 1921• Hon. Levi Syphus, St. ThomAs, *evada« Dear Sir;** fHe enclosed papers apeak for thornselves. Amongst other things they seem to show that those attorneys are stalling. One gets suspicious of everyoody in the town 0 / las Vegas for they seem to he trying to put something over all the time* If Krs. George’s land was sold for taxes she is still thft ovsnaer ©ubiect only to redemption from the taxes. As lawyers ttev ouaht u S m S a t this would not Mrfont h « fro. oul.tlng her^t i t l e against a l l others but the comity or state. But you will see through the whole thing. However, X have not f e l t that I was Ju stifie d in saying tmtrtfcln* to them showing how their conduct has impressed me. we started*in to get the business done without ^ther Mrs. 1 there and without asking you to go there* If they ^naa^o tuhee right kind of get-up and were not Intending to put something « 0.0*8 that they wouli hay. tat.a oar. of It vigorously, but you See the course that they have pursued. I am not advising them that you are being s?*®d * ° J ake it no but I hop© thfet on receipt of the papers you will go at oonnccee ^tvoo l*» as V. eg* as awn*d, - haSvfei otrhaee waicltilo nof cosmomuresn©c epda,y , fannadt ewvielrl enxop edno»ub t ? r . m L g to O^peuoai. y « Sto yoar satlsfacUoh'for your trouble. Tho story that th. taxes for 1919 bar. not b sou paid sews to be sot at rest by the onolosod tax raeeipt showing that they have been paid. I So not believe that the time of Mrs. Oeorge jhlolr t-o commence this action is as short as she thinks It 1-. However, the sooner It is begun the better. Sorry to undertake to bother you with it, but hope you can go over and take care of it for the lady. | enclose the following papers: X* fhe tax receipt above named* 2. Copy ©f l e t t e r from me to Henderson # Stephens Sated July 2d, 1921. Hon* l e v ! Byphus -2^ August 4 , 1921« 3* Copy of letter from me to Stevens & Headers on, dated July 30* 1981* 4* Copy of letter from Stevens & Henderson to me dated August 1* 1921* 5/ An original letter from Mrs* Ceorg© to you, signed by her own signature, authorising and requesting you to take notion in the premises* It is desired that you will prooeed Just exactly as though it were your own business* The object in having the notion commenced is to prevent the statute of limitations from running in favor of any persons who have been trespassing on her land and to get her title quieted. L A W O F F I C E S O F T H O M A S O. T O LA N D U N I O N O I L B U I L D I N G , L O S A N G E L E S Mrs. Sadie B. George, 802 Kensington Hoad los Angeles, Oal