A Nephew, a Vault Key, and the Missing Deeds

B. F. Day filed a complaint in superior court yesterday against Charles O. Heifner and wife to quiet title to property sold to him by Heifner. The complaint alleges that on October 14, Whitworth owned the south fifty feet of lots 5 and 6 in block 8 of B. F. Day's Eldorado Addition to the city, subject to a mortgage in favor of Day; that prior to June 22, 1893, the Heifners were, and still are, the owners of the south fifty feet of lots 5 and 6 of the same property. It is claimed that during September, 1894, Heifner represented that he had no real property in his name and that it was necessary for him to have real estate in his name to hold a certain office under the city government, and requested Day to deed him some land that he might place the deed of record, promising to deed the land back. As an additional inducement, Heifner allegedly said that Day's wife, Frances K., was afraid that the influence of his relatives with her husband would allow them to get all the community property away from them, leaving her without means in her advancing years. This, added to her nervous nature, made it best for Day to place some property where he could control it absolutely in case of emergency caused by his wife's fear. The way to do this was to place the property in the hands of some person Day could trust, taking a deed to himself and holding it privately. Heifner desired to trade the south fifty feet of lots 5 and 6 in block 8 of B. F. Day's Eldorado to Day and be relieved of the encumbrance. The exchange was effected and Day became owner. Day, relying on Heifner's representations, caused Whitworth to make a deed direct to C. O. Heifner instead of to himself, and the deed was placed of record. In the same month Heifner and wife executed a deed of all their right and title in the property back to Day. But relying on further representations and on his honesty and good faith—Heifner being Day's nephew by marriage with Lydia Heifner—Day, for himself and as attorney in fact for his wife, on June 22, 1893, deeded to Heifner with special warranty lots 5 and 6, except the south fifty feet, in block 8 of B. F. Day's Eldorado. Shortly after, Heifner and wife deeded the same property to Day. The deed from Heifner and wife to Day, together with a contract between Day and Heifner to pay interest on a certain mortgage and part of the principal, and sundry other deeds, mortgages, notes and valuable papers, were placed by Day in a private box of the Safe Deposit vault on Front street. Day says no one except himself and Heifner had access to the box with his knowledge and consent. Day alleges that during September or October, 1894, C. O. Heifner, under pretense of assisting him in his old age, gained his confidence and was given the key and a permit to have access to the box. During last January Day removed the deeds from Heifner and wife to himself, as well as the contract. Day alleges he never gave Heifner authority to remove these documents and believes Heifner has purloined them from the vault. Day says the lots have been rented for the last three years to Samuel Fau, who has openly held the premises as tenant and paid rent to Day until April 1, and that Day has placed improvements worth five hundred dollars on the premises. Heifner is now attempting to exercise ownership and collect rent. Day asks for the return of the deeds and documents, or their value, and for an order adjudging him owner; if the deeds are not returned, he asks that the sheriff be authorized to make deeds to Day. He also asks for attorney's fees.