and where he would not be protected by the statute of limitations as in the case of his other steals. This same land is today worth between $75 and $100 an acre, some of it being conservatively estimated at $150 an acre, and has proven an exceptionally good investment, especially in view of the fact that the title has been vested in Smith less than six years.
After giving me his check for the $1,000, I accompanied him to the office of the C. A. Smith Lumber Company, in Minneapolis, where I supposed he would further gladden my heart by forking over the $10,467.45, as agreed upon. Instead, he tendered me what might be considered a due bill, a photographic copy of which has been produced heretofore.
It will be seen from the foregoing that Smith agreed to ])ay me the amount named, as per a certain contract, which was a modification of the original "written contract." and in which there was a clause to the effect that I was to receive only the actual cost (amount paid to secure options) of said lands to me. the same to be paid when title thereto and "other lands in Oregon" was perfected.
I hesitated at first to accept this due bill, but having been advised by telegraph from my brother that title to all the California lands had been perfected, and according to a wire that had just come to him from Washington, twenty-two of the thirty-three patents to the Linn county, Oregon, tracts had been issued, and the balance were being written up, I concluded that it would be only a matter of a few days when I could collect on the paper, so decided to accept it. I thereupon advised Mays by wire at Washington, D. C, to the effect that settlement having been made with Smith, it would be unnecessary for him to take further action in the direction of holding up the patents.
After finishing with Smith, 1 informed him that I had business in Michigan, and would return in about two weeks, at which time I expected the patents would have issued, and I could stop off on my way West and exchange his paper for the cash. On the date designated, I returned to Minneapolis and called upon Smith, who informed me that notice had been received to the effect that title had been perfected to all Humboldt county lands, but that one patent was hanging fire on a Linn county, Oregon timber entry. This represented the Josephine Jacobs claim, which will be remembered as the Waterloo of Allie Houser.
I was considerably surprised when Smith told me about the holding up of the patent to the Josephine Jacobs claim, but as patents to all the others had been issued, and this was the only one concerning which there could be any question between us, I offered to accept settlement upon the basis of a deduction of $800. which represented the amount Smith had paid me for it. until such time as the patent was granted, when he could reimburse me accordingly.
At the time of learning about the Josephine Jacobs claim being held up, I had no knowledge of the cause, and naturally concluded that it was due to some clerical error, and in making my proposition to Smith, that he retain the $800, which I had already paid for the claim, I could not but believe that the offer was fair, and would be just and equitable to all parties concerned. I also offered to pay Smith interest on the sum in question from the date of investment, if he saw fit to demand it, but he refused to entertain any proposition other than that I should await the granting of this particular patent before I could have a cent of the money which already belonged to me, and which I had expended for his personal benefit.
Seeing that I could do nothing with him, I returned to Oregon, and lost no time in calling upon Fred A. Kribs, his agent there, who informed me that the Josephine Jacobs claim had been suspended on account of the young woman being under age at the time she filed on the land. I thereupon told Kribs that I would have somebody else locate it in Smith's interest, afterward transferring the title to him, but Kribs insisted that he would have John Givens, of Roseburg, attend to it for me. so it was agreed between us that I would stand for any additional expense that might arise, to the extent of $150 which Kribs said it would all amount to. Page 306
