Shoshone County, Idaho - Judgement Book D (partial) ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO , IN AND FOR THE COUNTY OF SHOSHONE . ______________ Royal J. Rutter , ) Plaintiff , ) ) No. 2245 -vs- ) ) D E C R E E . John Luchinetti , ) Defendant , ) This cause comming on regularly for trual on this 5th day of October , 1907 , in open court , before the Court upon the complaint of the plaintiff and the answer of the defendant , the plaintiff appearing by Mr. A. G. Kerns , his attorney , and the defendant appearing by Mr. J. E. Gyde , his attorney , whereupon Mr. Gyde withdrew as attorney for defendant , and witnesses having been called , sworn and testified on behalf of the plaintiff and documentary evidence introduced , and the case having been submitted to the court and the court having made its Findings of Fact and Conclusions of Law herein award- ing to plaintiff judgment. It is therefore hereby ordered , adjudged and decreed that the plaintiff is the owner in fee , in the possession and entitled to the possession of the following described lots , pieces and parcels of land situated in Shoshone County , State of Idaho , to - wit: All of Lot One ( 1 ) Section Six ( 6 ) Township Forty-eight ( 48 ) N. Range Three ( 3 ) E. B. M. , excepting that portion thereof lying west of a line drawn as follows , to-wit: Beginning at the southwest corner of Lot One ( 1 ) ; thence N. 85* 34' E. 147 feet ; thence N. 29* 19' E. 405 feet; thence N. 40* 38' E. 253.8 feet; thence N. 44* 28' N. 357.2 feet; thence N. 35* 15' W. 331.2 feet; thence N. to the north boundary of said Lot number One ( 1 ) . Also all of Lot Eight ( 8 ) of said Section , Township and Range except- ing that portion thereof occupied by the Oregon Railroad and Navigation Com- pany . embracing 7.9 acres . Also the Southeast quarter of the Northeast quarter of said Section Six ( 6 ) Township Forty-eight ( 48 ) N. Range Three ( 3 ) E. B. M. and the title of the plaintiff of , in and to said premises being and the same is hereby quieted and confirmed as against the defendant John Luchinetti and all persons claiming by , through or under him . It is further ordered , adjudged and decrees that the defendant John Luchinetti , has no right , title or intrest of , in or to said premises . It is further ordered , adjudged and decreed that the tax deed , dated April 10 , 1906 , executed by David L. Hopkins , as Assessor and Ex-Officio Tax Collector of Shoshone County , State of Idaho , to John Luchinetti , pur- porting to convey a portion of the above described premises , be and the same is hereby vacated , set aside , annulled and held for naught. It is further ordered , adjudged and decreed that the tax sale certifi- cate No . 404 , dated July 14 , 1902 , issued to Shoshone County , State of Idaho and by the said Shoshone County , assigned to defendant John Luchinetti on August 10 , 1904 , purporting to evidence the sale of the premises hereinbefore described , be and the same is hereby vacated , set aside , annulled and held for naught. It is further ordered , adjudged and decreed that the defendant John Luchinetti , and all persons claiming by , through or under him be , and they arehereby foreclosed from ever in any manner setting up or claiming title to said premises or any part thereof , by virtue or by reason of said tax sale certificates or tax deed , or on any other claim . Made and rendered in open court this 5th day of October , A. D. 1907. W. W. Woods , Judge. Filed and docketed October 7th, 1907 and recorded in Judgement Book "D" of said court , at page 283 , Records of Shoshone County, State of Idaho. Submitted by: Cheryl Shelley