The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-07-28
delivered the opinion and Merritt and
Miner concurred.
OLSEN AND BAGLEY.
lens Olsen VS.. Hyrum Bagley appel

Miner concurred.
OLSEN AND BAGLEY.
Jens Olsen VS.. Hyrum Bagley appel
liant.
This was an appeal from the Third
district court, Judge Zane presiding.
Olsen brought suit against Bagley to
quiet title to forty acres of land in Salt
Lake county. Bagley answers setting
up title, himself, showing that the land
Lake county for general taxes, setting
up in detail the sters pursued by him
and showing that the sale was to the
probate judge for the benefit of the
county; that the county sold to one
Bamberger and that Bamberger sold to
him, Bagley, for the sum of $1,000. The
objection which was raised to Bagley'S
title was the description of the land in
the assessment roll upon which the sale
is based.
The referee, Judge Anderson, found
that said assessment for taxes for the
year 1883, the levy hereunder by the
collector of said county and the said
sale for taxes were void and of no eff
feet; that the certificate of sale issued
upon the same, as set forth was void
and of no effect, and did not convey
any interest whatever in the south half
Of the northwest quarter of section %,
that Jacob E. Bamberger took no inter
est whatever in said real estate by deed
executed to him by John A. Marshall,
the probate judge of Salt Lake county,
and THAI the defendant Bagley took no
interest III said real estate under and
by virtue of the deed executed to him
by J. E. Bamberger and that plaintiff
is entitled to have his title established
and quieted as against the said defend
ant and for cost of suit against Bagley.
The Third district court affirmed the
Of Ind mr.
was entered accordingly, from which
the defendant appealed.
! The court below was affirmed. Miner
delivered the opinion. Merritt, Smith
and Bartch concurred.
DUPEE VS.. ROSE.
t Jacob A. Dupee, appellant, VS.. F. w.
Rose. The appeal was from judg-
ment of Judge Merritt sustaining the
demurrer to plaintiffs complaint and
dismissing the same.
: On April l. 1891, J. B. Blazer and wife
gave to appellant their promissory note
for $500, payable April l, 1894. and Sc
cured the note by a trust deed in favor
of Frank B. Stephens, trustee, on a
certain lot Of real estate in Salt Lake
city. Part of the Indebtedness was I'M
paid and on April H. 1894, appellant
brought this suit in chancery to fore
a general demurrer to appellants bill
and a special demurrer that appellant
could not foreclose the trust deed in
chancery. The demurrer was sus-
tanned, appellant refused to amend and
court dismissed the bill for want of
equity. Appellant prosecutes the APP
peal from the judgment of dismissal.
The lower court was reversed. Bartch
read the opinion, Smith and Miner con-
curing.
PRIORITY OF A LIEN.
The Neponset Land and Live Stock
company, appellants VS.. Julia l. Dixon
ct al.
The case came up on appeal from
Judge Miners court at Ogden, where
the jury rendered a verdict for the de-
PENDANT and later his honor Judge
Miner overruled a motion for a new
trial, from which ruling the plaintiff
appealed.
This was an action of ejectment and
for damages for the Withholding of
certain premises, viz; A part of section
"a, township north, range east. The
parties to the suit obtained their title
from a common source, to-wit: A H
Dixon, former husband of the defend
ant, who on June s, 1891, decided to the
defendant the piece Of land in question
Defendants entered into possession but
failed to record their deed. On Sep
TENDER Is, 1891, plaintiff and appellant
purchased of Albert n. Jackson the
land in question. but when he went to
take possession found the defendant in
possession and the latter refused to
vacate.
The plaintiffs deed was the first one
recorded. A question also arose as to
the boundaries of the&land conveyed by
the two deeds.
The Judgment as rendered below was
afnrmed. Bartch delivered the opinion,
Merritt and Smith concurring.
DRAKE VS.. REGGEL.
Harriet futile Drake ct. al, appel
lants, VS.. Rachael Reggel et al.
The facts of the case were that
George Cronyn married Elizabeth Dick
son and as result Of such marriage
there was born one child, Elizabeth
Cronyn, who married a man named
| William Wilson in 1863. and as re-
suit of the last named marriage the
four plaintiffs in the ease We're born.
! Lizzie d. Wilson, the mother of the
plaintiff died September 8, 1892, leaving
the plaintiffs as her only children.
/ George Cronyn, her father, died on
July 81, 1870. On August s, 1865. George
Cronyn executed in favor of Lizzie D.
! Wilson, deed to certain premises
situated in the Seventh ward of Salt
Lake city, the title of which was at
that time in the United States and it
was part of what subsequently be-
came the townsite entry of Salt Lake
city. The entry was made by Daniel
H. Wells, as mayor, on November q,
1871, and a patent executed by the presi-
dent of the United States was issued
on June l. 1872. On March 90 1874, an
adjudication was made by the probate
judge in favor of Lizzie D. Wilson. as
the occupant of the premises in dis
pute, and in pursuance of such adiudi-
cation the then mayor of Salt Lake
city executed to her a deed for the
premises. Subsequently the said Lizzie
D. Wilson conveyed said property, one
part of it to William Palmer and the
other part to Mary e. Wilson, by deed
i in fee simple absolute. Part Of these
defendants claim under Palmer and the
defendant Reggel claims directly under
) the deed of Mary e. Wilson to her.
The plaintiffs Drake We're the children
of Elizabeth Isabella Wilson and were
adopted by man named John Drake,
residing in the state of Michigan.
The plaintiffs demand judgment that
they be declared the lawful owners of
said property and that the defendant
hOld the title as trustee for plaintiffs
and that they be required by decree Of
the court to convey the same to the
/ plaintiffs. That certain mortgage to
j Elias A. Smith and John G. Miller be
/ declared void and that the plaintiffs
recover from the defendants the rents
and incomes received by them since
the death of Lizzie D. Wilson.
The referee, Hon. J. L. Rawlins,
! found for the defendants which was
! NV nm l;C-,1a5
Zane in the Third district court, and
from which plaintiffs apnealed