Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-11-10

1862, acquired and was al the unte
Of its dissolution, holding In the
name Of one Robert T. Burton, who
held the same upon q secret trust
the following described pieces ana
tracts Of real estate, to wit:
/. Part Of lots 3 and =, In block
SIS, as the same are plated and de-
signatei on Plat ga" Salt Lake
City survey, county Of salt Lake
and Territory Of Ut1h, AID bounded
as follows: Commencing az point
four (4l rods north of the southwest
corner Of said lot four; running
thence north sixteen U6l rods;
thence east twenty (9o) rods; thence
south twelve and one half (l23) rods;
thence west fourteen Q3) rods;
thence south three and one half (S4)
rods; thence west six (6) rods 10 the
place Of beginning, and being part
OF what is known as the Tithing
o ice and grounds.
.. An the south half Of lots and
0, in block lightweight lss), as the
same are plated and designated In
Plat "a Salt Lake City survey,
in the county of Salt Lake, Utah
Territory, said tract containing two
hundred square rods, more or less,
of surface ground, and being a part
of what Is known as the Tithing
Office and grounds.
Both Of which tracts of land is OF
the value Of 500, 900, which are all
and entire in excess of the amount
Of real estate which said corporation
was by law entitled TO hold, and To
part OF said real estate was held or
occupied by said corporation as
!. building or ground appurtenant
thereto, for the purpose Of worship
Of God or parsonage connected
Herewith, or as burial ground.
And the said United States fur
Their complains for that:
The defendant, Robert T. Burton,
on the 3ud day Of March, A. ID. 1857,
held the legal title to all and
singular the property hereinbefore
described, in secret trust for the
then corporation, 'eThe Church of
Jesus Christ Of Latter-day Saints"
and afterwards, to wit, on the End
day Of July A. ID. 1887, he, the said
Burton, attempted 10 convey the
same by his deed Of conveyance 10
himself and the other defendants,
William b. Preston and John II.
Winder, as trustees for an alleged
voluntary association, described ms
the Church Of Jesus Christ Of Lat
ter-day Saints, and 10 them 10 trust
for alleged religious and charitable
purposes; that the said defendants
were parties defendant TO the origin
al bill filed in the Supreme Court Of
Utah Territory, hereinbefors re-
ferred to, and appeared and by an
swer made claim to the real estate
hereinbefore described; that upon a
hearing, evidence was heard and
their said claim was finally adjudi-
Gated and determined as against
them and the said late corporation,
the Church Of Jesus Christ Of Lat
ter-day Saints; that the deed from
defendant Burton, TO the other
defendants hereinbefore mentioned,
was made without authority and
that no estate passed thereby. and
the same was by final decree In said
court on the Sth day Of October,
A. ID. 1855, annulled, cancelled and
set aside.
That il was further adjudged and
decreed by said court that the legal
title and estate in said real property
was acquired by said corporation,
above mentioned, and its trustees
subsequently - July LIST, A. ID.
1852, and the same was the property
OF the corporation at the date Of its
dissolution, TO wit, March Bird, AID.
1857, that sail decree remains Of
record, and has never been reversed
or modified.
And the said United States COM
plains further, for that, information
against the hereinbefore descrit d
property and all claimants thereto
was fled in this court on October
sth, lSSS, and thereupon a monition
issued 70 the United States Marshal
OF the Territory, to seize the prop
erty and to give due notice 10 all
persons claiming the same, or hav-
ing anything to say why il should
not be eScheated 10 the United
States, to be and appear before the
court at a time and place specified,
then and there TO make known their
claims; that such notice was Only
given, and the property seized; that
the only persons who have appeared
in obedience to said monition, al
though the time for appearance has
long since expired, are the defend
ants, William b. Preston, Robert T.
Burton and John r. Winder, who
have entered and filed their allega-
tons in writing, whereby they make
claim to said real property as the
trustees for an alleged voluntary
religious association known as the
Church Of Jesus Christ OF Latter
day Saints.
And the said United States upou
Its information and belief, alleges
and complains: For that, the said
defendants have no other night, title
or claim to said property or any part
thereof, except under and by virtue
OF the alleged conveyance Of July
End, 4. ID. 1887, from Robert II.
Burton, being the same which was,
rs hereinbefore stated, adjudged and
decreed TO be void, and cancelled
and annulled.
And for that, all Of said real PROD
erty, as hereinbefore described, was
acquired by the late corporation Of
the Church Of Jesus Christ of Lat
to-day Saints, subsequently TO the LIST
day OF July, A. ID. 1862, and after
said corporation had acquired and
while it held real property Of value
in excess Of $4,000, and the same
was and is subject to forfeiture or
escheAt 10 the United States Of
America; that the defendants have
no legal claim, estate or title to said
property or any thereof; that none OF
said real property, or its appurten-
ances, is, or ever was, hell, or occu-
pied exclusively for purposes OF wor-
ship Of God. or as a parsonage or as
a burial ground.
Wherefore It is prayed that the
real property hereinbefore and in
the title described, and the whole
thereof, be forfeited and escheated
to the United States of America, 10
be disposed Of according to law, and
that the said United States have
Judgment against the defendants for
tnelr COSTS.
CHAs. s. VARIAN,
United States Attorney, Utah, for
w. II. II. MILLER,
Acknowledgement, United States.
No. 1908. Title Court and Cause.
Information.
Filed November S, 1890. Henry
g. McMillaB, Clerk. By Geo. ID.
Loomis, Deputy. G. S. Varian, U.
8. Atty.
TERRITORY OF UTAH, ~
: County Of Salt Lake. ~ p
1, Henry G. MCMILLAN, clerk Of
the Third Judicial District Court
of Utah Territory, do hereby certify
that the foregoing is full, true and
correct copy Of original complaint
Information In the action fherain