Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-07-06
The DISTRICT COURT.
Judge Merritt Sat for About Ono Houl
This MoT1ins.
PEnBRoKr.pEwOoDY MATTER.
A Case That Has Been Up and Down
for the Last Four Months
Decree Of Foreclosure.

10 would Heom that CHIEF Justice
Merritt has not yot arrived at a con.
clusion In the case OF the Merchant
Protective Association va Justice Of
the Peace Lochrie. His honor, It had
been thought, would render an opinion
this morning, snd In anticipation Of
this the attorneys ON either side were
present at the opening Of court; but no
mention was maio Of the matter.
THE SAME OLD STORY.
Tho only case set down for hearing
before Judge Merritt today was that
Of Sarah j. Pembroke Va J. +. De.
woody, anu II has been before
tue court frequently, In one shape and
another, during the laat three or four
months. The litigation has arisen
over piece Of property situate nj the
corner Of Third South and franklin
avenue, formerly In the poes,ssion Of
Herbert Pembroke, the plaiulifi's huf-
band, ana which was purchased by
plniuuu ht ON execution sale on
December IS, 1898, for $50. Mirs. Penn
broke claims In tbs present action that
on the day of that sale her husband
conveyed 10 her oil interest In his
property. In January, 1894, De-
woody obtained judgment against
Mr. Pembroke aud asked, under thp
statule, 10 10 permitted to redeem
tho property Ia question. Mfe.
Pembroke rofusei TO recognize this.
Dewooiy, however, rendered the 70.
demptiou money ~ the sheriff, that
Uillccf declined to accept II, and De-
wo0uy then brought suit against him
10 compel him TO DO 10, A hearing was
had Aud the court decided Ia De-
wOody'a favor, Mrs. Pembroke nsur.
ing herein ss defendant. Then Il
was that she Instituted the present
action, 10 prevent Dewu0dy tom 20
deemiug the property, claiming that
che hal decd O. tue Hau5 prior % the
time he obtained his Judgment, anu
that therefore there was nothing 90
which a lien could attach, rhe tine
Tor redemption expired On June IS,
1888, aud ON juno 10, 1894 ,pald over ~
the sheriff thu sum Of 900 10 70.
dcmptlOn money,
The case WAS set Tor trial today on
IL merits, the plaintiff being legally
represented by judges Sutherland anu
HOwat aud Whlttemore aud Waite;
tue defendant by Richards aud Rlcl-
aris ana J. NJ. Denny.
la the outset Attorney Il. 3. Rloh.
ards put In an ALI iavij by the Il ,fuud.
ant. IL set forth that tho action was
commenced In this court on May /,
1894, having been brought 10 quiet the
plaintin's title 10 tbs ptemisrs IN ola.
pute, the complaint alleging that DE
woody was a judgment creditor of
Herbert Pembroke ami ass such claimed
the right 20 redeem the lossuhOll pt0-
perry Involved herein from execution
sale, that he had rendered 10 the sheriff
the sum Of $50 ani demanded from
him certificate oi redemption from
said sale, that said tender hal been az
Gel ted by tho sheriff, and further allug-
Ing that the defendant, claiming 10
have redeemed the property, would
unless restrained by this court demand
from tho sheriff ut the expiration Of
six months from date sheTiti's deed
to the premises, with intent 10 claim
title 10 the premises, Aliant says
further that the only interest hs ever
had In the property In controversy was
asAuoh reiemptiOneT,andt that since the
commencement W AAAAN NAAh hAA AAN
fling OF defendants answer plaintln
had recognized his rights as such re-
dcmptiOner by fedceming the property
anu paying tbs amount Of doiendgnps
lient; that thu defendant had accepted
such redemption money from the
sheriff, aud therefore there Ia no sub
Jet matter before this court to be- Its
gated or determined in this action.
On this Mr.. Richards asked that the
suit be dis missed, apIa good deal Of
argument ensued.
The question 10 DO decided II, there.
fore, whether the case shall be- dit
missed, ON the ground that there Is
nothing TO be iitigatoi, or whether u
decree TO quiet title shall be- entered Ia
favor VI the plaiutitl,
Judge Merritt took the matter under
advisement TIL next Monday.
DECREE or FORECLOSURE.
In the case OF ID. +. Parsons vs. John
Vaughn ct nj, u decree OF foreclosure
was entered and So attorneys fec
allowed.
A NEW ClTIzsN.
Giovanni Gini, an Italian, now a
resident Of Salt Lake county, was adj
United 10 citizenship,
A. IL O'Clock court adjourned until
tomorrow, NJ lOR m.