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UNITED STATES v. FENTON

No. 2003.

27 F.Supp. 816 (1939)

UNITED STATES v. FENTON et al.

District Court, D. Idaho, S. D.

April 21, 1939.

Attorney(s) appearing for the Case

J. W. Taylor, Atty. Gen., State of Idaho, and R. W. Beckwith, E. G. Elliott, Lawrence B. Quinn, and D. W. Thomas, Assts. Atty. Gen., for the State.

C. S. Hunter, of Boise, Idaho, for George W. Fenton, trustee.

CAVANAH, District Judge.

The United States brought this suit to condemn certain lands for a canal right of way. The State of Idaho appeared and asserted that it held three mortgages on a portion of the land condemned and that the funds represented by the mortgages are endowment funds of the State. The sum of $15,924.50 was deposited with the Clerk, by the United States to be disbursed by the Court to the parties according to their interest in the fund. The defendant...

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