The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-07-10
THE THREE JUDGES.
Several Of the Church Suits
Dismissed
BY AGREEMENT OFBOTH SIDES.
The Receiver Receives S157,866 Is
and Releases Several Pieces of
Property Held,

After the presentation and allowance
OF the accounts of Commissioners
Norrell, Hiles and Johnson, MIR. Peters
arose and read the following petition
in the case of the United States of
America vs.. the late Church of Jesus
Christ OF Latter-day Saints, ct al:
THE PETITION.
The undersigned, Frank H. DYER,
Receiver of the said defendant, the late
corporation of the Church OF Jesu s
Christ OF Latter-day Saints, heretofore
appointed in the above entitled suit, re-
spectfully represents and shows to the
Court:
That, in pursuance of his appoint
men5 as such Receiver, and IN obedi-
ence to the direction, order and decree
of this Court heretofore made herein,
requiring him to collect and take pos
session OF all the assets and property of
the late corporation, he has succeeded
in discovering and taking possession Of
various prof. critics, and has in the pros
ecution of his said duties ascertained
that the prop .rty hereinafter described
both real anu personal, had been, prior
to the 81 cay of Mar h. 1887, the prop
y
corporation, and that as he is informed
and verify believes. and is ad-
vised by his counsel, who have
title thereof, the whole Of the said
property was the property and belonged
10 the said late corporation a. the time
of the passage of the act OF Congress
under which the above en- tiled suit was
rod 70 III Int -, oh
dience to said order and decree, and as
such receiver, to institute suits and
adopt all proper means to reduce the
said property to his possession; that in
Pursuance Of his said duty and of such
did institute in the Third District Court
of Utah, as such receiver, the following
suits, toWit:
An action against Angus NJ. Can
non for the purpose OF obtaining a de-
conYeyances of the real estate herein
after described, to the said defendant,
Angus NJ. Cannon, were made for the
use aud benefit of the said late corpora
ton, and were cloud upon the title of
said land; that the same be decreed to
be the property of the said late cOrpor-
alton, and that the plaintiff as such re-
ceigeT be entitled to the POSSESSION
thereof. The property involved in said
suit is described as follows, to wit:
Parts of lots two (2) and seven %, in
block lightweight 1887, plat "a Salt
Lake City survey, aod bounded as fol-
lows: Beginning at the southwest corner
OF said lot two (2), and running thence
north twenty five (25) rods; thence east
nine (9) rods; thence south Twelve and
one half 121a) rods; thence west four
a. reds; thence south twelve and one
half (I2H) rods; thence west five (5)
rods, to the place of beginning
That the said defendant, Angus
NJ. Cannon. by his answer fled
in said suit, claims and alleges
that he was the owner of said land
premises, and the said defendants in
the said suits of the United States
against the late corporation and others,
as above emitted, claim to have sold
the properly to the said Angus NJ. Can
non, and received in consideration the
sum of So 500.
1-Your petitioner sl>o began, in
the Third District Court, another suit
against Horace S. EIdredge, John c.
Cutler, the Salt Lake Literary and Sci
entitc Association, q corporation, and
others, defendants therein, for the pur-
pose of obtaining a decree of sad court
that all of lot eight (S), IN block sew
(76), plat "A, Salt Lake City
Survey, was the property, at the time
OF its disinCOrporation OF the Church of
Jesus Christ of Latter-day Saints; and
that your petitioner, as such Receiver,
was entitled TO the possession of the
whole thereof; that the defendants il
the said suit of the United States,
above entitled, claim and aliegs that
divers portions of the said lot were sold
and conveyed TO different parties long
prior 10 the Sd of March, 1887, for valu-
able consideration aud in good faith,
aud the possession of such portions de-
livered to the purchasers thereof re-
spectiYely. They also claim and aver
that other portions OF said lot were
sold in good faith, and for valuable
consideration, on or about tie I'd day
of March, 1887, and shortly before the
said act of Congress under which
said suit by the United States was in
stituted, the said church received The
sum of $50, 41 rs.
III.-Your petitioner has brought in
said court two other certain suits, and
ACu OctCl u'IlCu W anu was dDOuG W
begin third suit, which said two suits
already brought, and the third in
tended to be brought BY him involved
and intend to involve all that portion
of lot five (5). in block seventy-fve
(75), plat "A", Salt Lake City survey,
commencing at the northwest corner
of said lot five (5), and running thence
south one hundred and five feet and
one and one third in ches, thence
east three hundred and twenty-four
feet, thence north one hundred and five
feet and one AID one third inches,
thence west three hundred and tweny-
four feet to the place of beginning.
That the said defendants in said
suit of the United States of
America against the late corporation
and others, claim and al,ege that the
whole of the said property last above
described, was prior TO the third day
of March, 1887, sold to divers indi-
viduals in good faith, and for valu-
able consideration, and that the said
church received for said property the
sum of $40 925.
IV.-Your petitioner, as such Re-
ceiver, brought another suit in said
District Court, against Francis Arm
strong and the Salt Lake City Street
Railway Company. a corporation. to
recover two thousand and one hun
ured and ninety shares of the capital
81. OK of the sail railway corporation,
which had thsr fore as your petit