Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-12-21
THE DAYS LEGAL COLUMN.
A coLoRED MANS RIGHTS.


Miscellaneous business Is Mt present
the order OF tho day IN the Third Dis.
triot court, ani nothing Of striking
Importance 10 expected 10 come 10 the
surface until tho Fobmary term De-
gins.
When court openot tins morning
ChisfJustloe Zane disposed OF the case
OF tbs Wnsatch Mining Co. vs.. Jo'eph
A. Jennings et al, which was before
his honor yesterday afternoon.
AZ already stated In these columns,
The dispute has been in litigation for
nearly ten years. Il now came up for
the fourth hearing. The action was
brought 10 declare the defendants
trustees md to compel AN accounting
for orc disposed OF, said 10 be worth
$4,000.
His honor said II was impossible for
him, without taking probably two or
three days to hear il, TO come to salts
factory conclusion Ia this suit. Tho
court lid not wish 10 indulge In mere
gucsses on matters OF this kind, and
would not do 30. H. was OF the
opinion that this was case under the
chancery practice which should be
referred 10 special master to try aud
report the facts rs to the reasonable
Expenditure OF Jonnnings IN develop.
Ing ami improving the property. At
tue same time, jennings should have
the right, II he doomed II necessary, to
offer some additional evidence as % the
Get Of work. His honor said he would
appoint Judge Howatt as special mas.
ter.
Attorney Ewllns remarked that
Judge HOwatt had already formed a
law lnttnershlp with JuSye Suther-
land, who was connected sitn tue case.
Otherwise he had no objection 10 Judge
Howstt.
Judge Zane said he was not aware Of
that, anu referred the case to Judge
Marshall.
DECREE ON CRoss.COMPLAIST.
II. Voelcker Va. Benz. II. Hulse ct al.
by consent the decree, as prayed, wac
entered for the plaintiff on cross.com'
plant.
ALSO ny CONSENT.
John ingram ct nj, We. Monheim,
Hugus and Ryan, being an action ia
regard TO n "trip Of laud OH Sec. %,
oist Of the ponitentinry. A decree was
entered Tor the defendants by consent,
with s75 cosip. Dickson d Stephens
were Tor the plaintiff; Marshall, Caball
and Letcher ~ Kinney for the defend.
ants.
JUDGMENT ny DEFAULT.
Wells, Fargo & Co.; default; Judg.
ment was entered for the plaintiff In
the sum Of s542l.
The case Of Elijah A. Whitaker VS..
James L.. Fulton ct nj, In default; by
consent decree OF foreclosure was
entered, as prayed.
THE STEWART EorIER.
The case OF Benz. +. Stewart We. BAL I
, Lake City ct nj. was dismissed on mo :
ton OF Attorney X, w. Young. IL was
"a matter arising out Of the Franklin
Avenue thesteE trouble.
/ ONCE MORE ALEXANDER.
} On motion OF Attorney Cherry, In
tho matter OF Buchanan ct al. VS.. ID.
Alexander ct nj, leave was granted fol
William KATE and elk others to inter.
, vsne.
ToR rLAINTlFFs.
! George q. llidder ct al. Va. Garry
. Street. by consent Judgment wa
entered for tho plaintiffs as prayed,
without a,tornoy'e fee.
4 DTMuRRER AnqtJED
In the case OF William y. Allen
, executor, vs.. Heber j. Allen, tn,
, demurrer to complaint was argued anu
subnittcd.
4 ABOUT A MOTIF AND MORTGAGE.
Aaron Keyser va. A. IL. Mikesell ei
al. vas the title OF the first case called
; ON Tor trial; II was small suit on
note aud mortgage. A decree wa,
entered for plaintiff.
l An INTERESTING SUIT.
The next case on call was that o.
Waldemsr Van Colt, rs administrator
OF the estate OF Samuel Varney, dc
, ceased, plaintiff, Va. Elias Morris anu
the members OF the corporation OF the
, Church Of Jesus Christ OF Latter-day
Saints residing IN the Fifteenth Eccle
i siasiicGl ward Of Salt Lake Stake o
Zion, defendants.
, Williams x Van Colt appeared fol
A tue plaintiff; j. L., Rawlins and Fer.
D guson and Cannon Tor the defendants
G Plain,iii's seek to recover all Of LOT
I seven In block 81, plat A. Salt LAX.
City survey. The property was con
veyed by Samuel Varney to JohI
Clark In trust for the poor OF the sal,
ward Ia February, 1887, and Mr.. Var
ney Oiled In the August following
= John Clark thereafter decided I'll,
property 10 the defendant corporatloI
IN trust for the poor OF the ward.
= The conveyance IL attacked upon
a hvo grounds-flrst, that samuel Var
ney was Of uusound mind ana incspa
B biz OF making q deed; second, that In,
: deed was procured by undue infiu
a ence; fourth, that II was void, inas
|, much as II was attempted TO reserve d
a life estate, ana because Of the vague
4 ncss aud uncertainty OF the trus
: created, IN the beneliciarieB could no
!. be ascertained; sinh, that the corpora
A ton IN question Ia Incorporated $50
/. immoral, unlawful, and criminal pur
!. poses" ana plaintiff says the organi
II zation Is therefore null anu void.
: All OF which the deiendants den,
:, In their answer.