Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-02-13


ia these cases, ~ evidenced by the
claims already fled, are.
In No. I5lj (Gardo House and His
tohan's Oilicel, that the real estate
was occupied ~ n panoungo or house
ior the pWsident of the Church, auu
was 80 connected with Church prup.
city, which was used exclusivtly fof
ihe worship Of God, as to be exempt,
etc.
In No 1908 (rithing Yard, ETC., j
that the Church ns a "voluntAry nsso.
citation" owned the property pIior IL
the enactment, Of July |, 1909.
In both casct u IA avofrld that The
Church u an association for nligiaus
anu charitable uses and luriosos, nud
has the night 10 hold such prot.f,i
through trustees, 10 hu used Iur such
purrotc, and In both the limitations
prescribed by section lOsi Of the Re.
vised Statutes are relied on. am In.
formed the same mntturs substantially
VIII IN relied on Ia case no. 1904
tChurch Farm ami coal lands.
The manner and time VI the nrqul.
sitinn OF this property 10y the Church
IL set out In the findings aud decree, ~
record ofwhich you have. and you are
referred thereto for further inf1rmn.
tlen ns to the suiilcicncy d these
dcfpnaca
You will observe that the next -top
TO be taken 10 these proceu lincs " ~
lie the illiug N complaints UI. iufnrna.
tons against the pfopcrtyS and the
claimants by the Attorney. Genera.
aud that the same should he done
before December 10.
The values Of these parcels Of realty
are stated IN the decree, but property
has very greatly Appreciated sinc..
The receiver brought actions la tho
Fint District Court ut Ogden 10 rrcov-
or the possession of certain realty, as
follows
No. 1880, against David NJ. Stewart
Ut al, 10 RECOVER a Parcel about - rods
square In block Is, plat A, OK len city.
known ~ the rithing Yard.
No. 1872, against II. j. Taylor and
LOWS w. Shurilin, to recover lots 5
and - In block =, plat ~, Ogden CITY,
being . acres OF land, known az "fab.
erunulc 6founds.n
No. 1871, against Robert NJ. Quarrls
and the Church Association OF Weber
Stake of Zion, to recover the greater
part Of block ", plat A, Ogden CITY,
Tue city Of Ogden has interviewed Ia
cascs Nos. 1850 and l05i, claiming title
IN the flrst ~ bona ode purchaser, aud
In the second by dedication u public
use.
The property involved Ia the three
cases n estimated 70 be- worth la the
aggregate over $3.50, 900. The oplulon
OF counsel for the present receiver.
John A. MARSHALL, Esq, IL that the
city has no claim; that the receiver Will
probably recover Ia cnsc No. log. No
opinion expressed TO No. 1871 These
cases are at Issue, aud, ! am Informed,
VIII he pressed tor trial by the re-.
coivUr.
| should here state, perhaps, TINT the
counsel for the Church claim land have
No testified In hearing upon refer
once OF the former receivers accounts
and ac,s) that there was an agreement
between the former district attorney
and thr former Solicitor. General and
themselves tlat these actions In the
Fir.t Dl,,iltt Cour, should be dismi-sed
aud that thls was In part nm induce
mcnt 10 the Church sOlicitorr 10 sign
the statement ~ facts before referred
TO. Mr.. Williams, the attorney for the
former receiver, cmphalically disclaims
any knowledge Of such agreement,
aud am Informed by Mr.. Marshall
that the former district attorney has
written 10 him 10 the same effect
However AN application TO HE amend.
cd answers setting up the decree Of the
supreme Court rs ilnal and bar nsd
this alleged Uro agreement ~ bar has
been denied.
There Is n suit pending In the Third
District Court against tho receiver In
which Mary II. lllil, ~ complainant,
brought 10 quiet title to part Of lot 4,
block 80, plat u, salt Lake City sur.
vey. This suit VIII not be- defended,
~ the roctlver makes no real claim
On the 18th day Of July, 1880, the
Court directed the receiver 10 make a
full report Of his dolngs, and appointed
J. u, Rosborough, ESD, Us special cX-
aminer TO examine and report thereon.
On July 9th the receiver filed his re-.
port, aud objection having been made
by the receiver To Mr.. ROsbofough, on
the 18th Of July, Marshall n. Stone,
ESD, was appointed.
Tie examiner proceeded 10 take ties.
timouy, and after full aud prolonged
examination filed his findings and
report. enclose cory Of the orders Of
reference and copy Of the report OF the
examiner, which you viii observe Pre-.
sent also the findings proposed by the
United States. In due time ! shall
file exceptions 10 such part OF the
report and refuse 10 Ind ms | deem
necessary. In the mean timo, ON the
10Th of July, the receiver resigned, aud
his resignation was accepted with the
usual reservation, aud Henry w.
Lawrence appointed, who Immediately
qualified by giving bond In the sum Of
$500 900.
1hs receiver has sold tho sheep In
hik possession by order OF the court and
the personal property In his possession
October lot anu the value thereof may
he stated ~ follows;
lTn shares OF Dcscrct Telegraph
rtotE mo pfcsunt value ,.,,,,..
500 share OF ciy gas stock par .....
value ':'s'ss's.ssss,ss,s.sssss' 1uNNl ~
unah on hhnd Ia various banksu,s ailhii D
Credits due on therp'',,,,,'.,,''.. loVn m
Total'.".,...,","" g'slsii ~
Tho rents OF the realty In his possess
sion herclnbeforo mentioned amount 10
$1,000 monthly. In the ilum report Of
the former receiver meatlon IA made OF
certain parcels Of realty In Nebraska,
aud the opinion vonturuI that steps
should DO taken 10 recover the same,
It's value being stated ut 10000 or
$4,000. The present receiver submitted
the abstracts Of title To Mr.. ]. 4. Gard
ner Of Omaha, recommended rs n
lawyer OF repute and standing, who re-.
turned his opinion adverse 10 the claim
Of the receiver aud the United States.
have examined his opinion aad fully
concur with him In the conclusions