Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-06-15
The SUPREME COURT.
Controversy Regarding Certain Land
10 Weber Co, Utah.
ACTION AGAINST Al Gx.NARsHAh
Appeal Against Conviction for Arson
at EHT,aa, Juab Go Clrcum'
stantiaI Evidence.

When the Territorial supiemo Court
auilngna this afternoon their honors
will not slt again until Monday morn.
iug next Tomorrow will be an oil
day, and only small motions or very
pressing business In the distrlol courts
will bo taken oognizauce Of by the
Judges.
In the Supreme Court today there
were no opinions forthcoming, but the
subIoincd cases came mp for argument.
FROM the FOURTH DISTRICT.
Tho case Of Emil STAIN, plaintiff
and respondent, vs. G. b. Hall, II. b.
MISSIONER, Geo. j. Kelly, Alvin lie
and b. A. Mcmillan was submitted on
briefs. Its an appeal from the Fourth
disirict-Judge Miner.
In February, 1890, nj Ogden, tho
plaintiff entered into conditional
contract with the dcionIAnt Weslover
for sale OF the latter thifty.three and a
hall acres u laud IN Weber county,
Utah, for the sum Of $4,000, the con-
/ ditlOns ot the contract to DO carried
out In Thirty days from ia date; other.
wise to bo Of no effect. on March lOih
OF the same year, Wrstover got hu OK.
tension OF the contract. The aCtion
was brought 10 reform the warranty
/ deed.
The appeal IL taken from the Judg.
| mont Ia favor OF plaintiff aud tue
order denying motion for new trial.
ArrEAL DISMISSED.
In the case Of Lorenzo Pace w Geo.
&. WhltmOre Ut AL, the appeal was
uiamitsed on motion OF the respondent.
NotUcord was flied.
EA.u. b. MARSHAL PARSONS AND
DEPUTY.
In tho case Of Elias II. Parsons md
a. Is. Dyer, defendants aud appellants,
W Boyd Park, plaintiff and respondent,
motion TO ioinsinto appeal was sub.
mitted.
On September 10, 1891, Boyd Park,
having some time prior thereto sigued
note Jointly with one J, Il. Allen,
anu aH surety for him, 10 Uus William
II. James, on which there was thea
due sD,665, Allen, IN order to secure
Park from lOsa aud 10 indemnify him
M such surety, executed to Park n
chauol mortgage upon his stock II
drugs, medicines, etc, being this stock
ln-lrade OF his drug store In
this city. The mortgage wac not
delivered until September 18Th.
As tho effect Of allowing the
mortgagOr 10 remain In possession "
the goods and TO dispose OF the ZANE In
tue usual course VI business would have
been to invalidate the mortgage as TO
the other creditors Of the mOrigagor,
/ Mr.. Park through his agent, anl with
the consent Of Alton, Immediately
/ took possession Of tho goods, which
/ were sold by the county sheriff on
October 9th, under the power contained
/ IN tho mortgage 10 Boyd Park, for
| 900. After the sale anu while Park
was Ia possession, the defendants Par.
sons anu Dyer, as u. =. marshal aud
| deputy, levied an attachment upon
! portion VI the property included Ia the
mortgage, aud sold by the sheriff, as
/ the property " Allen Ia a suit brought
| ny creditor Ut his against him. Park
! brought an action against the deiend-
ants Tor the value ~ tbs property 30
] taken upon attachment aud obtained
| a verdict fIT SssA81. 70 reverse that
! Judgment tha pTesruI appeal from tue
! Third ID s,rlol o0uu-Judgg ZAne) IL
lodged.
HOTEL FIRED-BY WHOM
The case Of the People, plaintiff and
resi- oudeuts, for whom District AttOr-
ney Judd aud m. Thurman apptRted,
VI John Scott defeudant anu appel
liant, whOse cause was argued by
Judge HvndefsOn, WIS next taken W.
TINS was prosecution tIr arson, the
indictment having been against Scott
aud one Patrick Condor, charged with
the burning Of "a hotel. rhs trial took
place In the First District court at
Provo Judge smith, hoJtt nav.
lag demanded aud had IA separate
hearing. The building In question be.
logged 10 CunlUn, who resided IN Salt
Lake Guy. IL was situated az Eufe-
kn, Juab county, and occupied BY one
Ffru Scott Nh IenAut A day or two
before the hre tnu defendant Johu
scott, sTlved Ia Eureka anu put up at
the hotel, n rOsm being assigned 10 him
IN thv second story VI tho main build.
INK, About II O'Clock ~ night the
ire broke out on tue roof Of tho
udditlOn, In tho peak where II adl0ina
the main building auu NOT far distant
from the defendants apartment.
Suspicion fell upon tho Defendant
Scott, but the testimony adduotd
against MIN NJ the Trial was pure
~ olrcumsnutal. Tho prosecution
| claimed, however that tue burning
waB tne result VI conspiracy
between Condor and Scott 10
FIRE tho premises In order
10 obtain the insurance money.
After tue Hre there was found In the
defendants room hall lamp with the
top Oh ana the OIL out OF the vessel, aud
there was a strong smell OF kerosene In
the chamber. The wire netting had
also been removed from the room
window, and the daughters Of tho
landlord testified tnat during
tho levening thu Defendant, VINO
WAS more OF less intoxicated, "soemeu
10 have something in his pocket that
ratified like hay.O Remnants OF cellar
bark were also found iu tho room.
Scott was convicted by tho Jury anu
sentenced 10 four years imprisonment
IN the pBuitenilsry, The object now
sought 10 10 obtain reversal OF that
Judgment.
Condor hiss not yet been tried Tor
thg alleged DlleuRH.