Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-12-14
ALL ABOUT A TITLE.
Ruling by Judge Zane To-day, as 10
tl0 White House ClntL
IN TIE PuELAS.ROMSEY SUIT
Au Interesting Point rs to Surveys
aud Boundary LincL-Judg-
mont for the Defendants.


ment for the Defendants.
The case of Patrick Phelan OF oil W
Jane w. Rlmnuy vt al having teen
submitted TO Chloi Juiiioo Zaue lato
yesterday afternoon, his Honor took
the matter uutoS advisemeut, ami this
morning rendered his decision, which
Is an interesting ono a. affecting tho
question Of surveys and boundaries.
Tho plaintiffs alleged that On juno
g. 1899, they wero the owncis ofa por.
ton of lot q, block 55, plat A, Salt
Lake Ciiy survey, aud that the de-
icudauls entered upon The same aud
oustel them, aud have since wrong.
fully withheld tue same 20 plaintiffs
damage in the Gum Of slOUU. Hence
plaintiffs prayed Tor the restitution Of
the property, with the damages.
Ih1 Judge raiI that this was an
action 10 recover the title to n piece Of
ground described In tho complaint a.
being 1 27-lOO feet fronting on Sec.
onl South street and extending back 30
and fraction feet. The plaintiff,
owned tho corner on which the White
iuusu hotel stands AMI their lot "a.
t"u4ti west on East Temple street
no aud irAgii0n feet. TIE dufcndant,i
lIt was Immediately west, and both
parties claimed this piece vi ground
Ia dispute. The difficulty was ~ nscrr.
tain tho boundary OF the White House
TOT on The east. II tho line Indicated
by the front OF the White House build.
inE was Akvu hs tbs true line OF tho
lot, then tho plainiifis Substantially
got thor llj and n fraction feet without
thu piece VI pfound In controversy.
On the contrary, ~ the line Wcfy asctT-
taiuUd ~ claimed by tho city On.
giuCUr HImu two or three years
AGO, iu "a survey aui FROM
tho monuments establishes by him
ni thai tilfgi aud those were true mon.
umeniH ami ttuu lilrs rom which "
aagurtuiu tlc eastern boundary uf this
lot S-thvu hcplainun's lot extended
back sufficiently u Include .he piece
in dispute.
Tue engineer made survey, 10
seemed, s0mu three 0F four years ago,
nul tho CJuF. was not advised As ~
precisely lhu basis Oi that survey. 10
appeared that II. Initial point was tho
United States corner, established az
the corner Of the Temple square, and
with reference 20 that aud other objects
the city engineer placed monument
Ia the street., anu others at the street
corners. IL dii not appear that, In thst
survey, no nscertainei or found the
original corners. Several yuara before
tho government established base line
with respect ~ the monument vi the
Temple SQUARE referred TO. Tbs city,
or this portion Of Il, had been snr.
vuytd AMI plated aud stakes placed
as tue corner OF the tquat,s aui blocks.
These corurts anu lines must, OF
coune, govern unless tho liurS had
bren changed by parties occupying
the ground,u rights hu1 been acquired
under tho statute ui limitations. 10
seemed that the square Immediately
north Of the one la which tho lot Ia
dispute WAS located was surveyed about
tho same time-ihat this lot IA
block 1s was surveyed, and
tuurr, II would appear, tue on.
ginuer asceflainud what was
supposed 20 be- tho original survey.
This survey placed the southeast
corner OF that square moth 0i the dis
putrd liue and tue northwest corner
about On tho line with the front OF tho
White house. The line WAS Indicated
by tho While house anu other build.
Iugs south ~ substantially On thesa
line rs the buiidings, aud ~ tue truo
line Of the block, as recognized by tho
city engineer. IL seemed the White
house was erected some iiiluen or
more years ago, aud his honor
thought Il sufficiently established
by the evidence Of tho Mussrs.
k0mney that tue intention
was 10 lOCate on tho liue VI the business
street. Asa general rule, " was tho
intention 10 build on the line Of the
street; aud come ten years Or more be.
fore that there was uuDther building
that hgu been erected, wuicn occupied
the same line as 10 this Usst Side Hb tho
White HOUSE; anu tue other buildings
south were on the same line, IL thu
boundary 90 hEru BY tne city engineer
EhOuld govern, then there would uu n
'jogn or u niche. This uluck 5S would
DO west VI the east line # thu block
next north OF 10. Jesse w. Fox,
sr, hal testified that he made
u survey OF tho block next
north aui tho corners were placed
according 10 tle original survey Of tho
oity. Jesse W. Fox Jr. had also mAdo
some surveys on tuis block, anu his
survey located ghe Waits House cor
upf about where tue White House
building now placed H.
His honor was disposed 10 believe,
fr0m all the testimony, that tnuse
bulldings on Main street. were built sub
ulautlaIy on ths tfuu liue, anu That tho
original survey " these blocks did not
conform 10 tho surveys male ny tho
present city engineer three OF four
years ago. The city engineer had no
IuWer OF uUuTre, @ change bluu-
dares Uf lot; he could Htcrr.
tain them ~ nearly us possible
from data and surveys, and II was his
DUTY 10 ascertain w near as might 10
the original Cornrrs-Iho original sur
vty, lilo Thought. thU testimony WAS
pretty clear IN this case that tho elty
engineer uid not succeed iu doing that
on tins particular square. 10 must
give way 90 tho original survey AMI
Therefore his Honor found Tor gnu