Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-11-22
The DISTRICT COURT
judge Zlne Listens 10 a Long Story
from Davis County,
ABOUT A DISPUTED PURCHASE.
u Concerns Onr.EIghih Share Of au
Estate appeal from a Com
m issiourris Judgment.

Judges Zane and Birtch were kept
going again this morning with civil
causes. Ia the chief Justices division
The case Of COUeulz ctal " the lriver
Mercantile Co., reported In these col.
umns yesterday, wcut over temporarily
to give the plaintiffs an opportunity Of
amrniing their complaint, and 10 an.
o;hur suit WIS taken up 10 It's stead.
Judge Batch and Jury were occu.
pied all morning with small appeal
Case.
\ urruIEp DIAL
The equity case OF II. w. Halght Va
l.. G.. ruauou was heard before chief
Justice Zane.
This action IL brought 10 obtain
permanent Injunction retaining tho
defendant from Assigning, or In
any manner cncumberlng, cor.
tain onc.ulghth share OF the
estate Of Hector G.. Haight,
deceased, assigned TO the defendant Ia
March, 1891, by Alma Dowan Miller
naighi, aud praying that such SHARE
DO conveyed to tho plainlin, who
was represented by. Attorneys Zane
aud Putnam. Judge Anderson and
Colonel Kaighn appeared on behalf Of
the defendant
Plaintiff b. one Of the helrs and de-
visees named 10 tho will Of the de-
cented, who was formerly "A resident Of
Pennington, Davis county and ~ such
the owner u a uittfibutivu share lone
eighth u the estate. The will was
admitted 10 probate on August 10Th,
1873, In the Probate court Of DAVIS
county, aud the estate was 10 fomtin
uudividv1 UNFIT all the minors to
whom any portion was given became
OF age. The plaintiff sets forth that In
February, 1891, Alma ID. Muller
Haight, aged twenty-five, wHs, under
the terms VI the will, the owner OF an
undivided one eighth share OF the
properly aud hr (plninlitll nearing that
Alma was do,irOus vi diep)sing
Of his share employed the Defendant,
who N au attorney, 10 purchase tbs
same for him, nj "A reasonable ngure,
at the same time promising 10 pay
him well for his services. Tue deal
was eventually contaminated In con-
sldcfatlOn OF the sum OF t2Ib, the
Defendant representing himself TO
! Alma N PLAINTIFF agent Ia the mat
tor; but plaintiff AYERS that defo ndaut
has peFsiatentiy refused 10 convey tho
share 10 him, Pearson claiming Il To be
his own-inat no bought II for himself,
and not ~ au agent
Tho defendant, In his answer, alb
l 81 h.. NsI a NFss1
by the plaintiff In any such capacity,
or that he received any instructions
from HIM la regard to the subject at
Issue, lie admits the purchase, say
ing, however, that such was not on
plaintiffs behalf at oil, but was IN good
faith solely for himself Defendant
also contends that the plaintiff, being
executor AMI acting guardian under
tho will, n inhibited by law from
either directly or indirectly purohAs-
lug any interest Ia the estate He
asks that the suit be dismissed with
costs.
'rhe ca Ia proceeding this afternoon,
nEFoRE JUDGE BARrou,
The cas-, OF wolf& Kupmor 90. OF
, Mss0ufi,ys H.. J. Page q A.lsOm, VIII,
, ron a secondhand atOtc ON west Fir4I
south street, was tried before Jury.
7 suit was originally brought ~ recover
$50 Tor iuruitutv supplied, aud tbs
= hearing took place In eE.COmmission
4 or Martins court on June is, 1897
r when Judgment was tsniered for tn,
, plaintiff Ia the sum Of sJl,IO, inclu Il
4 ING Interest, with costs taxed at $50
, From this the defendants now appealed
4 They were represented by Attorney
/ "A nj
a ard appeared for the plaintiffs. TIT
4 defense admitted the purchase Of th'
, goods, but It was claimed that wherea
a the contract specified that they should
a be- delivered ut the deiendantH' store
A they were never received, IL trans
pired that they were subsequently,
sold by the railroad company TO defral
u certain charges
II The Jury after hearing all tho evl,
j. dence found for tbs plaintiffs, thu
u sustaining the commissioners decision
!, COURT MOTIFS.
!. one Of Salt Lakes lawyers, rho0
!. Burmester, had hearing IN Commits
q sioner pfalps court yesterday after
e noon on charge Of unlswiully KILN
IA duck, on September lJIh. The eyI
b. donce was inconclusiye anu he wa
~ discharged.
ID The WasAtch Asphaltum compan!
Is has brought suit EgainstSt. V. l.
;, Sieur IN the Third district court 10 IL
10 cover s42UiUs claimed to be due 10
Is paving materials.
y Nellie Carroll has Instituted diyorc
u proceedings against Robert T.. Carr0I
- in the Third district court. Tn
: parties were married ON January 2nu
" 1909, aud plaintiff alleges that IN
" Defendant deserted her ose mont
n later. Sinos then ho has trouble
- nothing about her.