The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-10-07

on by said Church. and that it had
acquir a vested right to and interest
in sald property before July lst. 1862,
and was and is entitled to own and
possess the same.
Therefore your petitioners pray that
the premises above described, with the
buildings thereon and the appurten-
ances thereto, by proper order and
decree, be set apart to Said Church and
the title thereto, and possess on thereof,
confirmed in your petitioners as
trustees as aforesaid and for such
other and further relief as may seem
20 the Court meet and proper.
JAMES .. BRoADHEAD,
+. s. RICHARDS,
| LEGRANDE YoUEa,
| SAEEKs & RAwLINs,
Solicitors for said Petitioners.
THE GARDo HOUSE AND HISTORIAN OFFICE.
In the Supreme Court of the Territory Of
. Utah.
United States OF America.
Plaintiff.
The late corporation OF the Church OF
Jesus Christ of Lstter-day SAINTS, and
| John Taylor late Trustee-In-Trust,
ana Milford Woodruff. Lorenzo Snow
Erastus Snow, Franklin D. Richards,
Brigham Young, Moses Thatcher
Francis M. Lyman, John henry
Smith, George Teasdale. Heber ].
Grant, and John w. Taylor, late As
sistant Trustee-in-Trust, of said
corporation, Defendants.
Now come William B. Preston. Robert
T~l -
PENDANTS herein, and respectfully rep
reseHt to the Court and allege:
That on the nineteenth day of May,
the Probate Court of Salt Lake County
Utah Territory, trustees to hold title TO
real estate belonging to the Church of
Jesus Christ of Latter-day SainJs-hav-
ing been previously nominated thereto
by the authorities of said Church; that
as such trustees they now hold the legal
title to the following described land and
premises, situated in the city and
county of Salt Lake, Territory OF Utah =,
to wit: The east half (1S) of lot six (6)
in block seventy five (75). Plat "A"
Salt Lake city survey, described as fc.-
lows: Commencing at the northeast
corner of lot six (6) in block seventy
i've (75l Plat "a, =" Salt Lake City sur
vey, ard running thence south ten (l0)
rods, thence west ten (10) rods, thence
north ten (10l rods, thence east ten (10l
rods. to the place of beginning: known
as the "Gardo House" and lot; that
said premises are held in trust by said
trustees for the use and benefit of the
President of that body of religious
worshipers known and called the
Church of Jesus Christ of Latter-day
Saints, as parsonage, and the Presi-
dent of said Church has made his home
and residence thereon ever since the
year 1878.
That the following described premi-
ses lying immed 'ately west of and adj
joining the premises above described,
viz: A part of lot six (6) in block
seventy-fve CO.. plat "A" Salt Lake
City survey, described as follows Com.
mencing at point ten (l0) rods west
of the northeast corner of said lot, and
running thence south ten (l0) rods,
thence west seven % rods, thence
north ten I0) rods, thence east seven
(O rods, to the place of beginning,
grounds, are and have been ever siEce
and the building situated thereon cor
tains the Church library and records;
that the legal title to said last above
described premises is vested in one
Theodore Mexican, who holds 1t on the
same trusts and for the same purposes
as those hereinbefore set out, to-wit:
as part of the parsonage or residence
of the president of said Church Of
Jesus Christ of Latter-day Saints.
Wherefore your petitioners pray that
all the premises above described, with
the buildings thereon, and the appur-
tenances thereto, by proper order and
decree, be set apart to said Church as
parsonage, and the lie there con-
firmed in the respective trustees who
now hold the legal title to the same;
and for such other and further relief as
may seem to the Court meet and
proper. JAMES o. BRoADHEAD,
f. 8. RICHARDS.
LEGRAND YOU'VE.
SHEEKs q RAwLINs,
Solicitors for said Petitioners.
Mr.. Williams then called up the mat
ter OF compensation to Receiver Dyer
and his counsel.
Chief Justice Sanford said the court
could not entertain the matter. 1t
should be referred to some ore to take
testimony and report.
JOOS0 JuuO-I oIuhp5 COUuo6l LUZ
both sides can agree upon referee; If
not. the court will appoint one.
After short consultation, the name
of E. T. Sprague was suggested to the
court, and that gensleman was ap-
pointed.
Colonel Broadhead inquired the scope
of the order, and Mr.. Williams replied
that it was for services for the Re-
ceiver's attorney up to date; and for
the Receiver himself to date, and rate
of compensation for the future.
Judge Sandford-The order will be
submitted to both sides before approve.
The referee will take testimony as to
the value of the service renuered TO
date, and examine the accounts of the
Receiver.
Mr.. Hebson said the counsel on both
sides were endeavoring to come to an
agreement as to the terms of the final
decree. There was considerable real
estate that the Government claimed
would be forfeited. and inasmuch as it
was in the hands of receiver, he asked
that the Government be permitted to
commence suits for the forfeiture of
that part of the Church prop erty.
Colonel Broadhead said they could
make no opposition to the motion, but
would contest the cases when the suits