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

asseItins utic 70 s1lu omitted nor.
lions or tracts, and the Receiyer !.
hereby precluded from attemptInr
TO obtain possession OF any OF ssjd
tracts OF land. That said result was
caused wholly by the nepIioenca
aud want of due diligence on tbe
part OF the Receiver aud his said
Refused. NJ. n. Stone, Commits.
siOner.
5Atv.
That the Receiver knew or s,o,,,.
nave known, that the Endowment
House in Salt Lake CITY wa, for
years used by the Mormon Church
among other things as a place for
we seierahlzltion of plural mar.
RACES or polygamous marriages In
violation of the laws Of the TINTED
states; that the templs-, when COM
Pieteu, were af-c used for such mr.
poses; tia. neither the En6own,a,,,
beToe nor the temples were usti
exclusively for the worship Of God
nor ior congregational or pubIi,.
worship at all. That II was his dutv
10 nrlng these facts 10 the attentIon
OF the attorneys for the government
anu particularly TO the District At
torney, who was also the Receivers
attorney, 50 they could act intelIi-
gently In the matter of the esen,nt.
ed property. That he her jesir,I = IN
salled 20 give any such in
Iorrnascr, claiming that it was
none OF his business. That
ne negligently suffered tbs
statement that all Of the block ~
ANA known as Temple Block, en-
salt Lake City was used eXclusivaiy
Tor the worship OF God, 10 be en-
o0lled IN the agreed Statement, -
iscte upon which the final der
was based, add negligenuy suffered
an OF SAID property 70 be set apart 10
me defendant church as exempted
from the Operations Of the act Of
congress. That the value of The
whole Of said block exceeded Sj11
eecs that the uncompleted Temple
stands upon the east half ~ sid
olock; that the JsnG6wmeut HOUSE.
stood at the tihle on the norlh-was,
cerneI Of said block: that the Taber-
EAGLE and Assembly Hall stand ON
the west half Of said block, and
S9uth oil where the Endowment
House stood; that both the Endow-
ment House and Temple. together
with the land on Which they stand.
lncludlns ttc entire east half of sait I
oiocss could and should have been
segregated from the remainder Fthe
BLOCK, and reported to the court |
with true information CONCERNING n
Tor the purpose OF ascertaiSing
whether 1t should be treated a. 4
property Of the corporation. subject /
elthef TO escheat under section Is or
70 De disposed Of under section Il OF |
the act OF March, 1857. That there
would still have remained sufficient
land in Temple block for the con-
venient use and occupation of the
only buildings thereon used ex-
elusively for the worship OF God. to-
Wit the Tabernacle and ASSEMBLY
Hal, That the value Of the land so
lost % the Government or the fund
Is not definitely ascertained, but
That II Is very great sum. = dia-
gram, Exhibit 81" is referred to as
a part Of this finding.
Refused. NJ. Y. Stone. Com
missioner
WI.
That no steps were taken by the
Receiver to ascertain the title and /
condition OF the Temple properties I
at Manu and St. George, nor did he Z
endeavor to discover any property Of 4
the Church in large number Of I
the stakes In the several counties Of /
the Territory. That it was for n long /
time prior to his appointment. and 4
at the time thereof, a matter OF COM 4
non knowledge and uotOriety that !
the Church had its agents and Off |
Gers IN each OF the counties OF the /
Territory, and was in possession of, |
and using, real property. !
and dealing IN persdeaI property, /
through its said officers and agents, |
and ordinary prudence and fidelity /
the investigation 10y the
Receiver of the business Affairs OF Z
the Church in each county.
Refused. VI. y. Stone, Commits
siOner.
NVIL
That on April 9TH, 1855, the late !
Receiver commenced his suit as
such in the Third Judicial District
Court OF the Territory against Hor-
ace = Eldredge, Salt Lake Literary /
and Scientific Association, a corT,0-
ration, and other parties, in the ma
ture Of proceeding TO quit title 70
all Of lot S, in block 20, in the City Of
Salt Lake, alleging the property to
have been conveyed in violation Of
law aud the rights Of the United
States, by the trustee OF the Church
Jf Jesus Christ Of Latter-isy Saints,
10 the defendant Eidredge, aud hy
him conveyed in like manner in
specific parcels Of said lot to the other
including the Scientific
Association Aforesaid. That prior
% the 9th day Of July, lsSs, the
aid Receiver received an offer OF
by which the inter
.sted parties proposed to pay $751;
'3l.l5 in consideration OF his dis
Tor submitting to judgment 4
against him in the suit Aforesaid,
which proposition was submitted
o this Court on the dey !
asst aforesaid for les consid-
ration. That by the express terms
II said offer, the same did not in
Jude the northeast corner OF said
OF s, beginning at said corner and
thence south five rods,
hence west five rods, thence north
i've rods, thence east five rods to
he place Of beginning, being the
lortion of said lot conveyed 10 the
Scientific Association aforesaid. !
That thereafter, Oh said 9Th day OF
July, the court approved said offer,
With the reservation aforesaid, and
directed the said Receiver to accept
he same. which he thereupon did;
md the said sum Of S35,2il.l5 was
aid 70 him rs Receiver. That in his
yiIl of complaint in the suitafOre-
aid, and the said Receiver did not
specify or designate the specific par
sels OF said lot 5, claimed by the de-
iendants severally under the
from EldredCe, but
,tated generally that the defendants
.laimed and had conveyed 10 them
lortions Of said lot; and defendants
answer put in issue all the allega-
ions Of the bill. That the said Re-
,eiver and his counsel had rea-
on to believe and did be-
jeve, that his claim 10 the north
asst corner Of said lot, being five
DDS by five rods, as hereinbrfore
ct out, was valid and could he
in the suit \
TAllowed and in substance found
" me in my report. NJ. y. Stone,
Commissioned.
That Afterwards, on the 18th day
# December, 1855, the said suit
.aue on for hearing, and evidence
vas adduced and findings Of fact
made and filed in favor Of certain de-
endants named, not including said
Scientific Association, rs 70 all OF
aid lot, describing the same By
pounds, save the northeast corner
= -. r - a.Hfraaffraor ind srna ant az ]