The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-12-09


presented to be- fair and reasonable.
And these respondents now and here
allege, that under the circumstances,
considering the difficulty of making
proof of the alleged secret trusts, the
length of time which had elapsed since
the alleged conveyances had been made,
the necessity for reliance on witnesses
believed to be wholly adverse to the re-
covery by the plaintiff, and the entire
uncertainty which surrounded the
litigation, said settlement and oom-
promise was most advantageous to the
plaintiff, and enabled him to secure
more favorable result than if the liti-
cation had been pushed to Judicial
determination.
These resp ondents further deny that
the said lands embraced in said COM
promises, were or are now worth $685.
900 or any sum above $125. 900, and that
while the sum received is less than the
same was and is actually worth, it is
full and fair valuation for the claim
thereto which tho plaintiff was pur-
suing. And they deny that the said
court in authorizing said compromises
was misled by said recommendations
and representations OF said receiver or
his solicitors, or that in any way either
|
receiver or his solicitors. at any time,
or in any manner, was said court mis-
led or deceived in said matter. And
dsny that said receiver has not made
report to the court as required by it,
or that he has taken any action in rela-
ton to said compromises which has
not been reported; and allege the truth
to be that he has regularly made
reports to the said court of all his &C
tons in the premises. and that the same
has had the sanction and approval
thereof; that all the facts were fairly
and fully before the court, and that the
order of the court was made after full
statement prepared by the receivers
solicitors of all matter touching said
compromise of which they had any
knowledge. The said matters were con-
tanned in a petition presented to the
court, asking its advice and direction to
the receiver to make such compromise,
a copy of which petition is hereto at
tached, marked exhibit "a" and made
a part hereof.
And yoar respondents deny that sal d
compromises should not be allowed to
stand, or that anv wrong will be done
by so doing, to either the school fund
as alleged or any fund Or that the same
will be deprived of any of its just rights
thereby. And respondents deny that
the United States have urder the law
no interest in said land or its proceeds
or that the government and its officers
MUTT KEEP GLANDS OFF"
in the manner alleged.
These respondents further answering
deny that the said cattle and other
property, in lieu of which the sum of
SIS, 900 was received by said receiver,
by way of compromise, was worth
$3.50 000 or any sum exceeding that re
ceived on the compromise. They admit
that at the time the motion for the ap-
pointment of receiver was heard by
the Court, a stipulation of facts was
entered into by said parties for the
purpose of that hearing, aud for no
other purpose, In which it was stated,
that on the 28th day of February, 1887,
tbs IIrustee.in-trustfo for said church held
certain personal property, goods and
chattels of the aggregate value of
$268, 982. 3912. That said personal
property on said 28th day of February,
1887, consisted of horses, cattle, sheep,
swine, grain, hay, straw, -four, poultry
and other personally of every nature
and kind, scattered throughout the
various counties of Utah and part of
Idaho. And it was claimed by the de-
| PENDANTS in said action, that said prop
erty was on or about said date as
signed to seventeen Stake corporations,
| located throughout the various counties
of the said Territory of Utah and parts
of Arizona and Idaho. And these
respondents further aver that upon
the best information that they could
obtain, or that was attainable at the
time, they believed and still believe
and aver the fact to be, that the
larger portion of said property had
been consumed by the several Stake
corporations previous to the sp-
pointment of said receiver, and
had been used in the prosecution of
work in construction of the Temple,
situated in Salt Lake City, which at the
/ time of the said compromise and settle
ment was in the possession of the re :
ceiver. And upon their information
and belief, respondents further allege,
that at the time
SAID SETTLEMENT AND COMPROMISE
was made, there was not in existence
of said property an amount exceeding
in value $4,000; that any attempt to
have recovered said property, or any
part thereof, would have involved the
commencing and prosecution of large
number of suits, in the various courts
of Utah, Arizona and Idaho, at great
expense and cost, and the said receiver
would have been subjected to great
embarrassment and difficulties for want
of proof to have enabled him to find and
identify the said property, or to success
fully prosecute such suits, and the re-
suit could not and would not in any
view have been as favorable to the
plaintiff as said compromise.
The respondent, Dyer admits, that as
receiver, he took Into his posses
sion as such, about the num-
Der of sheep set out in the petition,
as the property of the defendant cor
poration, and that he rented % 500 of
the same to tbs party named st 20
cents. per head, and denies that he did o
without authority from this court; out
denies that the customary price If
rent for such sheep was from 40 to so
cents. per head, or that in the renting