Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-10-23

On the 4th day Of April. 1855, the
Receiver commenced an action No.
1852 in the District Court Of the
Third Judicial District, Salt Lake
County, Utah Territory, against
Horace :. E.ldredge, the salt Lake
Literary and Scientific Association,
a corporation, and others. This
suit was brought to obtain n decree
Of the court that all OF lot S, in
block IS, plat 4, Salt Lake City
survey, known as the Constitutional
Block, was at the time OF its disin-
corporation the property Of the
Church defendant, and subject to
escheat under the acts OF Congress
mentioned 4 joint answer was
filed by the said defendants in the
suit, aud Il appears that the defend
ant, the Salt Lake Literary and
Scientific Association, claimed title
10 the northeast corner Of the lot in
controversy, five rods by five rods,
known as the Council House cor
ner. During the tendency OF this
suit, the Receiver, with the aivice
of his counsel, entered into negotia-
tions with the defendants for a COM
promise Of the action, excepting
and reserving from compromise
that portion Of the lot claimed
by the defendant, the Salt
Lake Literary and Scientific AS
ISOLATION. As q result OF the negoti-
ations, on July 8, ISIS, the Receiver
fled in the Supreme Court Of the
Territory n petition, praying, among
other things, for an order OF the
court authorizing him, upon the
payment to HIM by he defendants
Of the sum OF S36. 2Il.l5, to dismiss
the suit, except as to that portion Of
said lot S, in block T6, plat a, above
described, and claimed by the Asso-
citation defendant. On the date
when the petit was filed, the
Supreme Court made n decree by
which, among other matters, 1t was
aJjudged that the Receiver be au-
thorized and empowered 10 accep;
said sum in compromise and settle
ment of the suit, and to dismiss the
same, or submit 10 the entry Of n
decree in favor Of the respective de-
PENDANTS in accordance with the
terms Of his petition. After the en-
try Of this decree, and as result Of
the compromise and settlement
which it sets forth, the attorneys for
the defendants, Horace Eidrelge
and others, applied to the Third
District Court fer a decree in favor
OF the defendants, and on the 18th
day of December, lSSS. 4 decree was
accordingly made by the court, by
which il was adjudged 'that
the Receiver take nothing by his
said action, and that the
title OF the property is now
held by, and the same is
adjudged 70 be in. the several parties
defendant who held the same free
from any trusts or conditions: The
decree Describes specifically the por
TONS of lot S, block 76, plat A, the
titles to which are adjudged as
vested free from any trusts or condi-
tons in the several defendants,
Henry DinwoOiey, r. Il. Young,
Joseph o. Young, John G. Cutler,
WOoley, Young X Hardy Company,
the Home Fire Insurance Company,
Elias Morris, Caroline Z. Dye, Will
liam A. Rossiter, Hyrum Clawson
and ]. II. Parry * Co; tut it con-
tains no separate description of the
Council House corner lot claimed
by the defendant, the Salt Lake
Literary and Scientific Association.
Much OF the testimony taken by me
relates 10 theReceiver's responsible
ty, If any, for the making Of this de.
cree In the form in which 1t was en-
tered. IL appears on its face to be a