Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-05-09
PROVO.
IN LEGAL CIRCLES
University Land Case - New Suits
Filed.

Filed.
The case OF A. NJ. Peck W jas. T..
Jennings aud g. l.. Loose came up iof
hearing before Judge smith yesterday
afternoon. Plaintiff alleges that ne
was In possession Of 100 acres OF unl.
veralty land on Provo Bench undet
chapter % Of the law OF lsv2i anl ihsl
he had complied with the provisions OF
said law. That In 1898 the comml,'
eiopsfs 10 locate university lands ~.
ysrtlseI the sale Of university land and
that this land was sold TO J. y, Jen'
nings and G. l.. bsose upon receiyinE
an affidavit Of Niels johnson and Don
X. Coray TO the effect that No improve.
msnts had been made on the land
Plaintiff asks TO have tue land con
veyed " him AMI for costs.
The defendants deny that plaintih
had made Aoy improvement upon Tue
land for the purpose Of holding II; that
the plaintiff had abandoned the land
before the time the defendants entered
upon II, that the defendants entered
upon aud made valuable im.
pfovemsnts upon the land and
that the board Of regents Of
the Unlversity Of Utah and the
commissioners 10 locate university
lands had appraised the lands aud
awarded the same W DESCENDANTS. They
also deny that any fraudulent afiidav.
IT, were made 10 tho commissioner.
Ssxey a Edwards appeared for plain
tits ana T.. II. Henderson and A. T..
wedgvood for defendants.
A. n. Peck testified 10 the Improve
msnla IN had made on the land from
1891 10 1898, which consisted OF pillow.
ing and cloarisg Oh rock and brush,
and also that he had rendered Ray.
Inent, Ia accordance with the require.
monts Of the law, In August, 1893, and
that they had refused 10 accept II be-
cause they had awarded tho land 10
hessfs. Jennings anu Loose.
The trial Ia IN progress today.
OTHER PROCEEDINGS.
In the case Of w. n. Smith W tho |
National Bank Of Commerce, thirty |
days were given 10 serve motion and |
statement for new trial.
In the case Of tho Peoples Coop.
Institution W John Wilson Of al the
court decfeed In favor Of plaintiffs,
awarding them $3.50. IS and $50 interest,
defendant Wilson 10 pay court costs
aud each party to pay their own wit
meas fees.
W. II. Poole Va George oler; Judy.
ment was given In favor oi plAlutifi |
for $4,000 aud $50 attorneys Zee.
NEW CASES FILLED.
Herman 4. Martin W Charles w.
Smith Of al IL the name OF new case
filed. Plaintiff alleges that &. W.
Smith ami his wife Isabella smith, Gu
the 18th day Of July, 1891. executed =
pfomissory note for fi.3JJ 10 Rodney
ID. bwAeey, securing the same ny mort
gage on real estate (busine,s property
In Provo Cliy) and that the same has
been transferred to plaintiff for valu-
able consideration. Painful prayaf0t
Judgment, aud asks that a roosiyer be
appointed 10 take charge Of the proper
" pending litigation and time Of re-
dsmption.
Suit has been commenced by Robert
q. Crosby against Guy Crosby aud |
EleolA Crosby. The complaint alleges !
that on the lat day oi June, 1883, Zion's |
Cooperative Mercantile Institution |
owned nearly thiriy.nve acres Of land |
To Millard county, when was sold to |
the plaintiff aud defendant, each
having an equal interest Guy Crosby
was 10 furnish the greater amount Of
the purchase money TO pay for the
land end the plaintifi was 20 furnish
water for irrigAtiug the land, which
was 10 be put into lucsrn. II was
agreed between the parties that the
crop was 10 be disposed VI 10 pay for the
land. When the deed was made out,
however, II was mistakenly made oui
TO Guy Crosby. He promised 10 make
out deed for one half Interest IN the
land 10 Roteft q. Crosby, which he
has since refused 10 do. The complaint
further alleges that the defendant,
Guy Crosby, has sold sufficient
hay from saiu land 10 more than Pay
for the land, and has refused 10 account
10 plaintiff tor the same that defend.
ant has wrongfully aud unlawfully
procured the services OF MillAtd county !
" Gust plaintiff anu his family from
tue land, and that defendant has
fraudulently transferred tho land to
his wife, Eleola Crosby. Defendant
asks that the conveyance from Guy
Cteaby to Eleoia Crosby be- declared
void ana that he (plaintiii) be decrecd
20 be the owner OF an undivided half
Interest In the premises aud taAt de.
PENDANTS bo required 10 execute . good
ana sufficient conveyance Of said inter.
osi to plaintiff. w. II. King Ia attor.
nsy for plaintiff.
VIM. IL. Dafger has filed m action
against Harriet Babcook et nj, heiTs OF
John bAboock, atkiug Tor y decree
requiring them TO furnish corrected
deed for real estate purchased from
John Babcock, deceased.