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Show HE WAS ON ALL SIDES OF CASE Tho litigants failing to agree to a settlement Saturday afternoon, the hearing in the case of C. It. Holllngs-worth Holllngs-worth against the Salt Lake & Og-den Og-den Railway company was resumed this morning In the civil division of the district court. The plaintiff continued to detail the services given the defendant company during the time for which remuneration remunera-tion is being sought. Mr. Hollings-worth Hollings-worth stating that item 24 embraced services given in 190G, consisting of considerable correspondence with Mrs. E. R. Adams of New Yirk, regarding tho purchase of a certain tract of land west of the Weber river, and ' over which tho defendant company desired to build its railroad. The land is situateJ on the Sand Ridge and embraces em-braces about three acres of dry land. The witness stated that he endeavored endeav-ored to purchase the property -at $40 an acre, but the lady refused the terms offered and it became necessary for hjm, In behalf of the company, to begin be-gin condemnation proceedings in tho court, which he did. The attorney said that after the suit had been filed, Mrs. Adams wrote him that she would accept $40 an acre and that he then withdrew the suit and closed the deal with her. For this service tho plain-tin" plain-tin" claims tho company should pay him at loasl $100. Item 25 of the bill of particulars covers the transaction with the Herbert Her-bert M. Bradley estate of Xew York which necessitated friendly condemnation condem-nation proceedings and the probating of the will of the deceased. In this case tho attorney for the Bamberger "people acted In a dual capacity, tho attorneys for the plaintiff claiming that it was done under an agrqemont between the parlies. Tile defendant company wanted a 'Tight-of-way over tho Bradley property, proper-ty, said the witness, and in order to secure the same the will had to be admitted ad-mitted to probate and a settlement of the estate had In the courts. A correspondence cor-respondence was entered Into between the plaintiff and an attorney for the Bradley estate in Buffalo, New York, an agreement being reached as to tho purchase price of the right-of-way. It was determined that the will should be admitted to probate and that James Plngrce of this city should act as executor. Mr. Holllufsworth also represented Mr. Plngreo In this matter and, ho said, ho also prepared , tho papers In tho proceedings before the probate court, forwarding them to the defendant company's attorneys in Salt Lake for approval. Tho witness also attended to other legal matters for tho company regarding the securing secur-ing of the right-of-wav over tho coveted covet-ed grounds on the Sand Ridge. It necessitated ne-cessitated a lengthy correspondence with different parties hero and in the oast. Thero was an entanglement In the title to the property sought and It took much time to unravol IL Mr. Hollingsworth said that he examined tho abstract of titlo and investigated in all legal directions where additional addition-al information respecting tho rights of different parties concerned could bo found. At the conclusion of tho condemnation condemna-tion proceedings against Plngrce, the executor, the witness said he drow the findings of fact and conclusions of law, wroto the decree settling the estate, and also, vesting tho title of the land in question In the. defendant ! company. For this service the plaln- I tiff claims he should lie paid 100. At tine conclusion of the testimony I regarding Item 25. the attorney for tho defendant company asked that it be stricken from the record on tho grounds that tho plaintiff had acted I in a dual capacity and already had been paid a fee for his services by ' the Bradley estate and that ho should not be paid twice for tho same service. ser-vice. ' The motion was granted, the court 1 stating that he had made an order for tho payment of attorney fees to Mr. Hollingsworth In tho Bradley estate es-tate and that ho thought it improper for the defendant company to be made to pay a similar fee for tho same service. Item 2G, was taken up tills afternoon, after-noon, the witness stating that the service enumerated in tho item had tg do with tho securing of a right-of-ivay over property belonging to Mrs. Mary E. True on Pacific avenue. The company could not agree with Mrs. True as to the value of her property, Mr. Hollingsworth said, and condom- I nation proceedings were instituted. ' At a later date, however, tho witness said, an agreement was had and the suit dismissed. This transaction, with , others to be enumerated, covered over I six months' time. ! oo |
