Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1889-12-06
HE WANTS THE LOT.
I. X. Higgins Tangled Up Title
in the Courts.

! Thomas r. Higgins has planted a
suit against Salt Lake City and
Francis Armstrong rs Mayor. The
complaint, filed in the Third District
Court, is as follows:
Plaintiff alleges that in 1865 one
John White, then a citizen Of the
United States and bona fide resident
OF the city Of Salt Lake, entered
upon and took possession Of a lot Of
land in said city, known as Lot .,
in Block 10, Plat A, containing 100
square rods.
That on the 9Th of August of said
year, last named, Jose w. Fox, who
was then city surveyor for said city,
executed and delivered TO said
White certificsts as follows:
Gland certificate. - This Is to
cel,ify that John White is the law
idl claimant Of Lot 2, Block -, con-
t1ining 100 square rods. jesse w.
Fox, City Surveyor.
This certificate the said White
caused to te recorded August Is,
lSSs, as the law required.
THAI tie said White held the up-
disp,it-1, peaceable possession Of said
lot until the Goth day of October,
lSSs, wheh he sold and conveyed ali
the right title and int crest ne had
in the same to this plaintiff:
and this plaintiff at ali
times since saiu sale has been, and is
now, IN The possession of the same,
claiming and holding the same as
his property.
That the said city Of Salt Lake.
recognizing the right Of the said
plaintiff ID the lot aforesaid, as-
sessei the same ID him in the year
1889 Tor taxes, at the value Of $500,
and the said plaintiff paid said
taxes 10 aid city upon said lot, and
now holds a receipt therefor.
Plaintiff further alleges that ia
the execution Of said conveyance by
said White to him for said lot, by
mist1ke u the dTaughtsman the
said pllintiff was nominated IN the
said conveyance as the person con-
veying, and the said White as the
person 10 whom the said lot was
conveyed; but Notwithstanding this
mistake in the body, the deed was
duly signed and Acknowledged by
The said John Witt as the grantor,
which was ac % : to the facts.
PlaintifTfuI,i es that the said
White occupi, r: held said lot
unSer the &C, C Congress OF the
UDited States, own as the
"Town-site A al that 1t IS a
mart Of the lanu ,Jnveyed by the
Unit States to the mayor Of Salt
Lake C-iy under the Towpsite Act,
in trdst for the OCCUPANTS thereof; |
and that the said White was the |
lawful and T.ghtful occupant of the |
S1me at the time he conveyed it to |
this plaintiff.
Plaintiff, alleges that, notwith-
sanding all this, the said city Of |
salt Lake has assumed and claims |
to be the owner of said lot, and nav
has the same advertised for sale on 4
the 9th inst; and although plaintiff |
has applied to said Common Council |
in the matter, they have clid 10 him
that there is nothing LETT TO him but |
to bring suit to assist his rights.
plaintiff prsys judgment.
/. That the said city be enjoined
by preliminary injunction from
selling the plaintiffs property, and
thereby putting upon 1t n cloud.
,. That the plaintiff be decreed to
be the rightful owner Of said lot,
and that the Mayor of Salt Lake
City be ordered by judgment Of this
court to make TO plaintiff a deed for
said lot.
;. And finally grant to plaintiff
all such other, further, different aud
general relief as the nature OF his
case nay Iuire, or he may, in a
court Of equity, be entitled to.
the lot described in the foregoing
is located at the corner Of Seventh
South and Second East streets,
Thiri Ward, but the city officers
know Of no land in that par, Of
town for sale. In Mr.. Higgins
petition TO the Council he claimed a
lot in the Twentieth Ward, at the
corner of G and Eighth streets,
which is probably the one referred
to-