The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-11-13
Valuable Land Involved.

a case which will cause considerable interest
was begun in the First district court several
days ago. The plaintifI in the action is Milton
j. West and the case involves the title to p
portion Of the ground upon which the new Utah
Loan and Trust company's building stands, en-
tie corner of Twenty-fourth street and Wash.
ington avenue.
In the complaint the plaintiff ALLEGES that
Ch8uncey w. West filed in the office OF the pro.
bate Judge of Weber county. early in the 6O's
his claim for the land in question, it then being
government land. Before the adjudication Of
his rights he died
On August 2, 1870, through some proceeding
Lorin Farr, then mayor OF Ogden, received a
patent to the parcel.
On January IL, 1870, John Sharp. L.
): Herrick and John Hoagland, with
Mary j West were appointed administrators
OF the estate OF the deceased Shortly after
Mary West died, and the administration was
not closed.
on May 80 of that year j. B. Kimball and n.
w. Lawrence, Of Salt Lake county, purportinr
u u be under the act OF Congress of March q
1867, and under an act OF the territorial legisla
ture, nled what they named a supplementary
claim. The act OF Congress was entitled "ar
act for relief 10 inhabitants of cities and towns
on publc lands ana the legislation to carry
the law IN force passed under the title IAN act
prescribing rules and regulations for tho execu-
ton OF the trust
The plaintiff claims that the deceased had
fled his intention before these provisions were
passed and became a law But Sham and
Hoagland under some technicalities of this
law, received an order for the land from tbe
probate court June /, 1870 also for Ogden
City TO execute deed to them. No notice
or summons was ever given or served
upon the heirs of West or the administrators.
no notice was issued to the creditors. or other.
wise, for the presentation OF claims agalnsts said
estate was ever given by said administrators:
no application or petition was ever made or
filed In or before the probate court for the sale
OF the said pieces or parcels of land by the adj
illustrators and no showing was ever made nv
them Of the necessity OF selling the same for the
purpose OF paying debts or otherwise; no guard
lans ad Item were ever appointed by the pro
bate court TO guard or watch over their inter
ests, though many of the heirs were in their
tender years, ans the plaintiff then being less
than one year OF age. That as no summons or
nCllce OF these proceedings were ever served on
the heirs by 'kimball or Lawrence or the r1ro-
bate court, the plaintiff holes that the proceed
lngs were void, and prsys that the said deed eye
cuted by Borln Farr, mayor OF Ogden To Kim
Dall q LaWrenGs be set aside cancelled and
held FOR n2ught. And that the defendants w
q. Child, A. w Child, John keck n. Goldhero
AbleI Leonard lbishop Of the Protestant Enis,
copal church), surviving administrators Of fha
estate ana others. be required to set forth the
nature OF their claims. and that all adverse
claims Of the defendants may be determined Inv
decree OF the court and that the decrea he
that the defendants have no estate or interest
whatever. The plaintiff claims one-nineteenth
interest II the land in question
Mlller& P3sh are the attorneys for the Main
TIN. and Evans u Rogers have entered fhe3r
appearance for the defendants.