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

corporation, for the purpose of recover
ing. 500 shares of the capital stock of
SAID Provo Manufacturing Company,
GAINED by your petitioner to have
fraudulently transferred by the said
laCe corporation to the SAIL defendant,
John U. Cutler. That the said defend
ants In the said suit of the United
otates against the said late corporation
ana others, claim and assert LEat the
SAID stock was sold and transferred to
the said John G.. Cutler, prior to the
passage of the said Act of March 3,
1887, In good faith and for valuable
consideration, and said transfers were
valid and binding; that the said stock
was at said time, and is now OF the
reasonable cash value of $11 900.
NI.-Your petitioner as such receiver,
brought an action 10 the Third District
Court against lions Cooperative Mer-
camille Institution, corporation, and
the Provo Manufacturing Company,
corporation, for the purpose Of re-
covering 800 shares or whereabouts, of
the capital stock of the said Provo
Manufacturing Company, claimed bv
your petitioner to have been fraud
ulently transferred by the said late
church corporation to the said lions
Cooperative Mercantile Institution,
aud which the said church and the
other co-defendants in the said suit of
the United States of America, claim
and aver was transferred in good
faith, and that the same is 8
legal and valid transfer of sa stock to
tn SAID Zlon's Cooperative Mercantile
Institution; that the said stock so
transferred was and is of the fair cash
value of S11 GEO.
Your petitioner further represents,
that, in consideration CT the said Iitiga-
ton, and of the claims of the said
parties respectively, with reference to
the said transfers and ownership of all
OF said property, and for the purpose of
adjusting and settling the said suits in
volvlng the said property, the said de-
PENDANTS in said original suit of the
United States of America against the
said late corporation of the Church of
Jesus Christ of Latter-day Saints and
others, have proposed and offered your
petitioner by way of compromise aGd
settlement OF said suits, and securing
the dismissal of the same, to pay your
petitioner the following sums of money,
to wit:
First-Fifty- FIVE hundred dollars, tie
alleged consideration received by the
said church from the said Angus NJ.
Cannon. for the land and premises in
volved in said suit against him.
Sec0nd-The sum $50, 241. Is 100, the
amount received by the said church
from the sales of those portions of the
said lot eight (8), in block seventy six
(76), sold and transferred on or about
the second day of March, 1887, it being
agreed, however. by the said defendants
that this settlement, if approved by the
court, shall not include the claim of
your petitioner to the northeast
corner OF said lot eight, begin
ming at the northeast corner and
running thence south five rods, thence
west five rods, thence north five
rods, thence east five rods 10 the place
of beginning, being the portion Of the
said lot conveyed to the defendant, the
Salt Lake Literary & Scientific Associ-
alton, in said suit, Involving said lot s,
in block 76, as hereinbefore described
and set forth.
Third-The sum of$42, 925, so received
by said late church corporation, for the
portion OF said lot ), block rs, in plat A,
and hersinbefore described.
Fourth-The sum of $11 900, the value
OF the said stock SO transferred to the
SAID JOnQ y. cutter.
Fifth-The sum of 81 600. the value of
the said stock so transferred to the said
lions Cooperative Mercantile Institu-
ton.
Sixth-The further sum of $4,000.
being the alleged purchase price paid
by the said Francis Armstrong to the
said late church corporation, for the
said railway stock, together with
int fhnr0nn IN
anBum from the date of said alleged
sale, March 2 1887, until the I'd day of
Jnlv, 1888, making the total payment of
$l57 666.15.
Ard your petitioner further repre-
sents, that in his opinion, and as be is
advised by his counsel herein, it would
be for the best interests of ali of said
parties to said original action OF tue
said United States against the said late
and others, to make the said
OF all Of said litigation.
Therefore your petitioner prays the
advice, direction and order of this hon
Orable Court, advising and authorizing
him as such Receiver, upon the pay
Inent to him of the said aggregate sum
OF $157 .666 10, with in terest thereon at
the rate OF 10 per cent. per annum from
this date to dismiss each aud every of
the said suits or suS E9it to the entry
of DEGREES therein, in favor Of the de-
PENDANTS, in accordance with the terms
of this settlement, and withdraw all
claim as such Receiver to Or concern
ing the whole of said property. and from
every part and parcel thereof, except
ing only that portion of said lot eight,
in block seventy-six, plat "a"
described as follows 10 wit beginning
at the northeast corner of said lot, and
running thence south five reds, thence
west five rods, thence north five rods,
thence east five rods to the place of be-
ginning, and being the premises herein
before described as having been con-
veyed to the Salt Lake Literary and
Scientific Association.
And that this Court give your petit
t'tioner, as such advise, direction and
orders in the premises as may be proper
and equitable.
F. II. DYER,
of the Church of Jesus Christ
of Latter-day Saints.
P l.. WILLIAMS,
MARSHALL & RoYLE,
GEORGE S. PETERS,
Attorneys for Petitioner.
At the conclusion of the reading the
INDIA, o0pS1rto5 tcouthpr for a few mr.