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

snOu1onrity for the payment Oh SdIl
as secuIs this transaction con
debts. 90 Of real estate for the pur
TeyariT attended by the parties? Is
pose lLn,rTment sued on authorized
the, lL9'5 and is it against public
by , L~%2 are questions urged by c 1li
pGiIfGoSr the defendant. By TINS deed
SCI ~ lille to the land therein , Gea
the IN Tos not conveyed to the Ter
crlo5- IF Utah and County OF Salt
rtoIy Or % TO either of them nor was
Lake, H ;Uad in payment or satisfac-
it Teceff the claims against Golding,
ton u mai narf thereof; but it was a
or an! yo6ce to Snow as security "
eon' ne payment of the debts and
t3 9II;G slt therein described. Goid-
o0I9"% acknowledging his delin-
Ing los undertakes to provide for
QuencoIrTT13, of the same, by placing
the P@ a. Of certain property in the
Jhe .i'l Of a third person, directing
name u no sold unless he shall pay
thai It ms Nc of money! and the pro-
5al nds thereof be paid into the
tcsssCGiIIoriaI and county treasures,
tarTit5G;i srharge of the obligations
II ulST nv his default, and thereby,
crea.et II of least to cancel his delin-
IN par, a. ond fulfil III good faith his
QuenCite;oo n " IS public officer. This
obhgatOntIb o, proceeds of the sale
land, Cl Institute a fund for the
6eaa e[9eI Of these obligations. The
dP; %3 mS' Of this mortgage OF aeed OF
sIEL1g ,r 9 entirely consistent with
LloS' ,,' "%8 honest and fair dealing,
so gGr 1aO G0lding and the benefcl-
a D1I"'' and created valid trust.
&c SIlG re Leslie, 3 Wheat. 563.
Hls coon as the taxes were paid to
the defendant, an obligation on his
mart was thereby created 10 pay the
Same P into the proper treasury, and
." On his failure to do so at the time
Tecnired by law, he become delIn-
a 6T9p and public policy in the
Iron C @esf of terms demanded that
he reSf0re to the territory and
nonnty the amount Of his defalca-
fiOns: his efforts in this behalf in no |
wav impair the rights Of the terri |
toTy or county upon his official |
bonds. or any right Of action against |
him for the recovery Of the amount |
Of his delinquencies. Nelson CS. |
Sagur. y Wheat. 9S citing Is bid
2Q0; 10 bid 343; ) bid III; Dugan'S |
Exor's as. United States Wheat. |
l72.
The provisions in the deed, "That |
the giving Of this mortgage and the |
acceptance thereof is not to prevent |
suit at any time on the official bonds |
if ordered to be commenced, either |
by the County Court, the auditor |
of public accounts or by any surety |
on any official bonds,' prohibits as
far rs it was in his power, the re- |
taxation of any right of action on |
his bonds against his sureties, and !
this inhibition, and the authorities |
cited should conclude all question |
Ofpublic policy urged against the |
conveyance based upon the asSump- !
tiOn, that it impairS rights of action
upon the official bonds OF the de
PENDANT. For these reasons, and
others that might be adduced, we
are of the opinion that the instru-
ment sued upon, is one that Gold
INC had right to make, and Snow
a right to receive; and that it is
not against public policy. That it is
a conveyance to Snow Of the title to
the land therein described upon the
condition, and subject to the charges
therein contained Nelson 0s. Sagur,
y Wheat 50.
The further positions strongly
urged by counsel in argument re-
main to be considered. That neither
one or all Of the plaintiffs have such
an interest in the subject matter of
this suit, as will permit all, or any
two Of them jointly, or either of
them alone to be plaintiffs, or plain
TIL, IN an action thereon: and that
cause OF action to fOrecloSe a mort
gage cannot be joined with a cause
OF action to recover a sum of money
when said causes are not separately
set out, or stated.
The Territory Of Utah is a body
poltlc created and organized by Con-
greSS, having legislative power over
al rlghtful subjects of legislation,
consistent with the constitution OF
the United States and acts of Con-
greSS' In the exercise Of this power
The territorial legislature has prO-
FIueu Dy statute for the lowing. as
SeSSInS and collection of taxes. and
folding IN the exercise of the All .
thoTlty vested in him, as collector
collected taxes to an amonnt evcaad'
ing twenty thousand dollars whirL .
ne falied to pay into the pron4r
treasures as required by law: there
upon ne became delinquent in +ha
several sums unpaid and dna +ho
territory and county resppcfively
The right of GOlding to paw and
the right of the territory and comfy
TO receive It's money in any W.,
he may choose to pay it. or to Gov;
sent to be paid, cannot be donbtad
unless 1t be in some way prohibited
oy law. GOlding by his failnra ~
pay this money into the nroneT
treasures, has by such dereIictfon
81 guollc duty, created an obliga-
tlon upon himself of the strongest
hIhd; IN the absence of any stafnte
kg5ohIOltlng the territory or county
TON recovering this money in the
wy provided and directed by Gold
ing IN his deed to Snow. where is
ne rule or authority of law prohib-
Jl0T lIfhor. 70 |