The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-06-18
OGDEN.
SATURDAY. June IS 1892
BIG LITIGATION.
An Important Land Case
Filed
Which Involves Valuable Ogden Property
other Cases -0gden Does Salt Lake Up
st Base Ball-0ther Notes.
OGDEN.

A case was fled in the clerks Office Of
the Fourth district court yesterday that
involves some valuable property in this
city and which is OF great Importance to
every property owner in Ogden.
The case is that Of the Rio Graude West
ern railway company against the Colorado
Coal and Iron company, Ogden Iron works,
and Denver & Rio Grande railway
company. The plaintiff above named com
planned Of the defendant and alleges:
That the plaintiff is q railroad corpora
ton and q common carrier, organized on or
about the lst day Of July, 1889, under the
laws OF the state Of Colorado and the terri
tory OF Utah, for the period Of fifty years,
and has franchise TO acquire, construct,
maintain and operate lines Of railroad in
said state and territory, with telegraph
lines and appurtenances, and TO acquire,
hold and use all property, real and per-
sonal, necessary TO such uses, and to SO ac-
quire, construct, maintain and operate
tamong other hnes) d certain main line Of
railroad from Grand junction, in Mesa
county, state Of Colorado, to and into the
city Of Ogden in the county Of Weber, in
the said Fourth judicial district in the
territory Of Utah That it has owned
and operated the last described line
Of railroad, the northern terminus of
which is the said city of Ogden.
slncc about the time of its organization
and shall own anG operate the same. That
the said city OF Ogden is an important
terminal point and the plaintiff has not the
sufficient grounds in said city for a rail-
road yard or for round house for keeping
engines, or for side tracks and other facili-
ties necessary for its business and the
operation Of its railroad, and that the
lands herein described are necessary FOR
the plaintiff for such purposes and railroad
uses.
Here follows a full and complete de-
scription OF the lands. known as the "old
iron works site. located at the foot of
Twenty-hrst street. near Wall avenue. A
map Of the tract is annexed to the COM
plant and maze a part thereby
lhat the said lands SO required by plain
tiff SO far as plaintiff knows or can ascer-
tain, were formerly owned BY the defend
ant, the Ogden Iron works, 9 corporation
Of Weber county, Utah territory but
plaintiff is informed and believes that said
corporation has not held any corporate
meetings or carried on any corporate bust
ness for more than seven years last past
and that for more than two years and for
seven years there has been a continuous
non-user Of its franchise, and that the
Denver a. Rio Grande Railroad company
aud the Colorado Coal and Iron company,
corporations of the state of Colorado.
DNNAIA AA4A o~AA4 ONA dAA JIG I'd JAAdl VI cE4O
iron works, each an undivided half, and
each as such stakeholder is the equitable
owner Of one undivided half OF said lands
which. for seven years last past, have
been vacant and unimproved
And the plaintiff further alleges that it
cannot contract for the purchase of said
lands required for its uses or for any part
thereof or interest therein.
Wherefore the plaintiff prays judgment
that the said described and required lands
may be condemned to its use for railroad
purposes and that it have such Judgment
and relief as may be proper with costs of
suit.
The attorneys for the plaintiff are Ben
nett Marshal a. Bradley, and the com
plant 10 swern TO by William +. Collins,
secretary and treasurer Of the Rio Grande
Western railwry company.