The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-09-13

territorial or municipal taxes assessed on
the real estate held by him out of the out
come of said real estate; whether
he should pay any special as
sessments for improvements, such
as sidewalks, etc.; whether he should pay
any taxes assessed on the personal prop
erty held by him. The receiver also re-
ported that heretofore taxes had been
levied on said real estate, and that his pro-
decessor had paid the same, but he had re-
fused to pay any taxes levied on personal
property in his hands, except on herds of
sheep since sold, claiming that the same be-
longed to the United States.
Judge Marshall requested that the cues
ton submitted be decided before October l,
when the taxes would become delinquent.
Mr.. DICKSON PROTESTS.
Mr.. DicKson--If the property belongs to
the United States it is not subject to taxa
ton. If it belongs to the church and is
used for religious purposes it would also be
exempt We therefore ask that the re-
ceiver be Instructed not to pay the taxes.
Judge Blackburn-Put your statement
in writing and file it on Monday.
ARTHUR BRowN's COMPENSATION.
P. L. Williams filed an application of
Arthur Brown, asking for $1,000 compen-
sation for services as one of the ATTORNEYS
for Receiver Dyer. His employment ex
tended from January, 1889, until Mr.. Dyer
resigned. The application was accompa-
MED by statements of Mr.. Williams and
Mr.. Dyer, setting forth that the services
had been rendered and were reasonably
worth 81, 900.
Judge Marshall submitted the receivers
report of receipts and disbursements. with
the request that il be referred to Master
in Chancery Loofbourew. He also asked
that the compensation of Receiver Law
renee be fixed, and that an allowance be
made Tor his attorneys.
APPEAL DISMISSED.
In the case of Jacob johnson VS.. the
United States, the mandate OF the supreme
appeal, was filed.
JUDGEMENT AFFIRMED.
In the case of Thursa Nichols ct al. VS..
the Union Pacific, Judge Blackburn de-
hvered the opinion of tho court The suit
was brought TO recover damages from the
defendant for eiecting Thursa Nichols
from train near the Hot Springs. On the
trial, the jury gave verdict tor the plain
tiff for Sli5 damages with $40 interest The
Judgment of the lower court loss the $40
interest was affirmed.
THE CONDEMNATION SUIT.
In the case of the Oregon Short Line &
Utah y Northern vs.. E. A. Mitchell ct al.
Judge Blackburn also delivered the opin-
ion. The suit WAS brought to condemn
right of way for railroad. Judgment was
rendered for the defendants for 81 300.
This Judgment was affirmed.
A CACHE COUNTY CASE.
In the case of Dwight Peck ct al. VS..
Cecilia Rees, on appeal from the First Dis.
trict Court Judge Anderson delivered
the opinion. The suit involved the title tn
a piece of property in Cache County. The
Judgment of the Court below in favor of
the plaintiffs was affirmed.
A DISPUTE OVER WATER RIGHTS.
In the case of Springville vs. j. S. Full.
mer, Judge Zane delivered the opinion.
The action was brought TO obtain an in
junction to restrain Fulimer from dlyertiup
the. waters of Sage creek and FuIlmer
springs, and the appeal was from an order
OF non suit and overruling the, plaintiffs
motion Tor new trial. The judgment of
the court below was reversed and new
trial ordered.
THE TRUSTEES WIN.
In the case of Andrew ]. Walton Ell al
trustees of Schofeid school district No. 3
VS.. Elisha w. Jones ct al. Judge Zane de-
livered the opinion. The suit was brought
to recover S444. 40 of school taxes alleged to
be in the hands of the defendant Jones.
On the trial the plaintiffs were allowed to
amend their complaint From this order
the defendants appealed. The Judgment
was affirmed.
REAL ESTATE TRANSACTION.
In the case of Jasper M. Nelson VS.. P. c.
Brixen, in which the plaintiff recovered
S746.66 on real estate deal. Judge Ander-