The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-08-12

The purchaser in such private ssIo
being charged with the duty of seo
ing to and applying the Durcboso
money to the purpose intended 6V
this mortgage" ~
I'm testomony hereof 1 have here
unto set my hand and seal. this I0f,
day of October, AID. 1915, at Salt
Lake City aforesaid.
[sEAL. r. J. GoLDING
'Signed, sealed and delivered IN
presence of
d. BoCKHoLT,
THEODORE MCKEAND
This deed was duly acknowledged
and recorded)."
| By reason thereof, the plaintifpS
say that said Zerubbabel Snow is .
trustee Of an express trust of the
title of the real estate in the said
mortgage described, and that mn
part of the said real estate has been
sold; that no part of said money has
been paid; that No error has been
pointed out in the statement of sid
account, though every opportunitv
has been given the said r. J. Coli
ing to point out or ascertain if anv
errors exist.
The said plaintiffs aver that tba
whole amount Of said money is now
justly due from the said Robert !
Golding to the said county and ter.
ritory, on the said respective suns
as before stated, with Interest
thereon from the said 28th day Of
| July, AID. 1876, till the present
time.
The said plaintiffs pray judg-
ment against the said Robert ].
Golding, to be entered for the
said several sums due to the
County of Salt Lake, including
interest thereon from the said 28t6
day of July 1878, being the sum of
S15,S64.36 and to the Territory of
Utah, with interest during the same
time, being the sum of S1O,7S3.O7,
and for an order of court that said
real estate be sold in the manner
provided by law, to make said
money, and for other and further re-
lief as law and equity may require,
and for the costs TO be taxed.
The defendant demurred, and as
signed the following grounds of
demurrer:
First-"That said complaint does
not state facts sufficient to consti
tute cause of action"
Second-"That there is a mis-
joinder of parties plaintiff, in this,
that the Territory of Utah is i'm
properly Joined with Salt Lake
County as party plaintiff herein,
and both said plaintiffs are impro-
perly joined as co-plaintiffs herein
with said Zerabbubel Snow, and all
three of said plaintiffs are imprO-
perly joined with each other as
plaintiffs herein"
Third-That there is a miSjOinder
of causes of action herein, to wit:
an action to foreclose a pretended
mortgage herein is improperly
joined with an action to recover
pretended sum of money due to, and
belonging to the Territory OF Utah.
and each and both of said causes Of
action are improperly Joined with
an action to recover money due Salt
Lake County, and the said causes of
action are not separately set out as
stated"
Fourth-"That the Territory Of
Utah has no legal right or capacity
to sue herein, nor has the County
of Salt Lake any legal capacity to
sue herein, nor has said Z. Snow any
legal capacity to sue herein"
Fifth-That said Z. Snow has no
interest in the event of the suit
herein and is not a real party in
interest, and is improperly joined as
plaintiff"
Upon the Overruling Of the de-
murrer the defendant answered,
specifically denying the allegations
of the complaint. The complaint
and answer were both duly verified.
Upon the report Of the referee
was ordered, adjudged and decreed,
by the court, that the Territory Of
Utah have and recover from the
defendant the sum of $1O,SS997,
and that Salt Lake County have and
recover of and from the defendant
the sum of S14,391.29, with costs.
And it is further ordered, ad-
judged and decreed by the court,
that the several sums of money, and
each of them, are, and they are
hereby declared to be, lien on the
real estate described in the mort
gage and complaint, and On each
and every part and parcel thereof,
and thai they have been such lien
continuously since October 10th,
1876, the date of the mortgage"
The court further ordered, that
unless the said several sums
of money be paid within ten
days, the United States marshal
levy ON and sell the real estate deS-
cribed in the mortgage and COM
plant, or so much thereof as may be
necessary to make the said several
sums, with interest and costs; that
out of the proceeds Of said sale he
pay the costs and expenses Of the
sale and suit, and so much of the
residue as may be sufficient to pay
the said several sums Of money here
in adiudged to be due to the Terri
tory of Utah and to Salt Lake
County, and the balance, if any, he
bring into court, to abide its further
order.
That if the proceeds arising from
colo RI nav f0e