Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-10-29
JUDGE zANE'S COURT.
Ms Honot's Opinion in the Survey
Dispute, Tried Yesterday.
SHORT ORDERS FOR SATURDAY.
lno,her Divorce Suit Reaches the FILES.
Court Has Adjourned Untll
Tuesday Next.

Jndeo Zane rendered his opinion this
morning ia the case OF Martha PREFER
vs.. Ella L. Hsnnessy, tried yesterday.
II WAS AN action involving the right Of
,,le 10 g7inch strip Of land In lot 4,
blool, 81, plat a, Salt Lake CITY sur
vey.
His Honor remarked thnt tho de-
iendaut relied principally upon
tho survey made by CITY Engl-
ueer Doremus aud his deputies, which
,tarted from monument placed BY
J.w. Fox, Jr., aud ran to other mon
umepts. Running southwest the
engineer found the line extended into
the sidewalk two feet, and the street
vas encroached upon to the same
extent In the west. The east line OF
the block was corrected, and running
west from that line found the block
contained the quantity OF land to which
b,th arties 10 the suit were entitled
Tho fence ON the southwest corner did
did not give d corfec. llue. IL extended
into the street some two feet ON both
the south and west. Some ten years
ago tho then owner OF the doiendant'e
lot and the plaintiff agreed as TO lines,
and trees were planted by the latter In
accordance with that understanding.
There was no adverse possession, how
ever which would entitle 10 recover.
The evidence In tho case was with the
defendant. The survey on which de-
PENDANT relied would give all property
owner. In the block the land 10 which
they were entitled, and would also give
the city two feet on the south and west.
should the question n TO the rights OF
tho city anu the plaintiff come up,
other matters would srriso for conoider-
alton and would then be disposed Of
Judgment was accordingly entered
for the defendant.
1.-THE plaintiffs attorneys, Messrs.
Kmghn aud Anderson, say that they
intend 10 carry the case ON appeal to
The rorrilotial Supreme coutt.)
SHORT Orders.
In the case Of Helen Krlgbsum w.
A. j. Niolsou, the motion 10 set aside
order diminishing appeal was overruled.
Ton days stay Of execution was al
lowed.
In the matter Of A. j. Van AndR vs..
Fred Tit Ut al, the demurrer was with.
Drawn and dve days allowed to
answer.
The appeal In the case OF Olef Lund.
quist VI. NJ. NJ. Nelson was dismissed.
In the divorce case Of Merrill We.
Al -. "a a
cd cross complaint was allowed.
In the case OF Wells, Fargo q Go.
VS.. Harvey Hardy II al, by consent
an order was made for findings and
decree as prayed, and 1925 attorneys
fec. A stay OF execution was granted
for sixty days.
Utah National Bank ve. J. j. Star.
buck ct al. Demurrer OF the defends
nut Stsrbuck was overruled; default
and judgment entered.
Studebaker Bros. Manufacturing
company VI. John Green; default.
Decree OF foreclosure and saie entered,
and So attorneys fee allowed.
Dinwoodoy Furniture company vs..
+. Fritsch ct nj. Motion 10 open de-
fault set tot Nov. aud.
The suit oi Morrison, Merrill d Co.
Va. y. l.. Davis was dismissed by re-
quest.
The hearing TO show cauoo ia tho
caseof Murphy Va. Murphy was set for
Nov. 2.
SUNS FILED.
The divorce suit ol Melissa Robin
sou VI. Frank Robinson was filed this
morning In the Third district court.
The parties were married Ia this city
on July let, 1856. About the month
OF March, 1891, the defendant absn.
ldOned his wife without, ny she says,
lany cause, and Tor more than year
past bas, Oh account OF his idleness,
proflgacy anu dissipation, failed 10
provide for her the common neces
sarles OF life. There IL ore child issue
OF the marriage, Edward, born
November, 1880, for the custody OF
whom che now asks.
l.. M. Armstrong Ia the plaintiffs
attorney.
NJ. Il. Smith a Co. also brought suit
today In the same court 20 recover
from Dawson, Collier y 90. various
small sums, on account VI merohau-
disc sold,