The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-03-29
The Jnmned Real Estate.

| Inc real exchange met at half past eleven
yesterday. Judge Rhodes had been invited
to address the exchange and given an ex-
PLANTATION as to why T. J. Hudson had
jumped the sixteen blocks of property Oh
the bench and thus involved some of the
most desirable residence property in the
city. This fact made known, the room was
filed with brokers and property owners
anxious to learn what they could in the
case and to try and form some course of
| future action.
| The judge spoke quite at length and read
! several strong points in law upon the mat
ter, but in every word uttered he was care.
full not to say anything that would result
dlsparagingly TO his client, Mr.. Hudson
he stated that the Jarvis Conklin mort
gage Trust company had negotiated for
property within the boundaries of the
tract IN question, but he did not state why
Hudson took the matter IN hand with de-
termination to push it through at the pres
| eDL time
The following is condensed extract of
Mr.. Rhodes remarks to the exchange:
In passing upon an abstract presented of
certain property and making search of the
records in connection Herewith l discov-
| cred that one Cunningham had sold 100
acres OF land to the city and that the city
had been selling and disposing of this land
to various persons, making a deed in the
name OF the mayor. l refused to approve
the title in behalf of my clients, for the
reason, first; that l did not believe under
the authorities, that a municipal corpora
ton can purchase real estate for specula-
tive purposes; that municipal corporations
have 30 power to purchase real estate ex-
cept for some purpose of the corporation,
that Is carrying into effect some
provision respecting the requirements
OF the corporation as a corporation. [
think this is the law, Notwithstanding the
charter gives the city general power to buy
and sell. The second objection was. that
the charter of Ogden provides that grants
shall be made to the city and conveyances
made from it by the name and style of
Ogden city. find that all conveyances
made Of property instead of being made in
the name of "Ogden city," are made in the
name of the mayor" l do not believe
that these conveyauces are good outside Of
the Congressional grant Inside of the
grant the land is conveyed to the United
States to the mayor in trust for actual set
tiers, and the title never has been in the
city. l suppose that it was my opinion on
the abstract that caused the quit claim deed
to be procured. The quit claim from Gun
bingham does not place the title in any
worse shape than it was before the quit
claim was made, as the quit claim only con-
veys what title or right Cunningham had
nothing more. This is all there is about it.
The general feeling among the real estate
men is that the parties taking this move
will fail in their efforts to make ANYTHING
out Of it, However, it is evident that the
realty included IN the tract in question will
be at standstill for some time to come.
A certain leading attorney of Ogden was
asked his opinion on the matter yesterday,
and he stated the case would not hold.
"Why," said he, 1--WE had case very
nearly like this in Logan, and the thing did
not stick; therefore, see no reason whv
this one should.
I'm Logan, the city bought tract of land
for speculative purposes. Shortly after
the deal was fixed up, 1t was agreed to
donate part of it for the Agricultural COL
lege, and the balance was sold to the trus-
tees at advanced figures. The college was
partly built, and the trustees demanded a
deed to the entire property.
At meeting of the council held after the
point was brought out that the city had no
right TO make the deed at the advanced
price, therefore it was not considered safe
until decision of the court was rendered.
The trustees of the college brought suit
against the city of Logan, and when the
case was tried in the First district court
Judge Miner rendered decision in favor
of the plaintiff.
The property owners and the real estate
exchange are determined, and # necessary,
will carry the case to the highest courts.