Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-07-18

Clung Cuafacttf MS ueNeloieus
DISMISSED.
In the case Of G. T.. Bevins W l.
q. Wallace, the appeal was dismissed
by the respondent.
THE MOTION OPPOSED.
The cas- Of n. J. Gray VI Charlie,
Denhaller 81 al was taken up on de.
murrer to complaint, the motion lot
the appointment Of receiver being
opposed.
Looibourow aud Kahn were council
for the plaintiff and Attorney $. +.
Armstrong for the defendants.
The case for the plaintiff, as sci out
DO the complaint, was that on Febru.
nfy let, 1894, he was the owner OF n
certain tract Of land being part OF lot 2
block IS, plat a, Salt Lake CITY sur.
vey. He claims that the defendants
are now In possession OF this without
right or title, aud continue TO with.
hold the same, 10 plaintiffs damAgo IA
the sum Of $1,000. IL IN set forth that
In October, 1892, tho defendants exc.
cuted to tue JRrvis.COnklin Mortgage
Trust 90. their note for $4,000, due
five years after date, with interest at
six per cent per annum, that to secure
payment VI the note defendants gave
trust deed, which security still re-
mains FIRST lien upon the property.
That subsequently (alsJ In October,
ls02) defendants borrowed from Joseph
u. Bacon 1000 for siK months, giving
second trust deed upon the same
premises, this latter having been fore
closed on February Let, 1894. PlAiu-
ia was the purchaser NJ the
sale and received the conveyance.
Defendants, It II stated, have neglected
TOT more than year past 10 pay any
interest on the so, 900 loan, and 81 200
VI that Interest IN now overdue; that
they also failed 10 pay the taxes for
1893, and the property WAS sold there.
Tor. Defendants, ~ is further alleged,
have neglected 10 keep the buildings
upon the land insured AZ agreed In the
trust deed securing the 100000 loan.
Those buildings, plaintiff aver, are In
constant need OF attention aud more or
lees repair; but the matter II wholly
neglected ny defendants, who are both
described m being entirely insOlvent
aud irrcspOnaible, anu II IN insisted that
all the rents and income received by
them have Uoen secfeted ami applied
10 their own personal use instead Of
bling applied ~ payment o. Interest,
taxa, Insurance anu other needful cx-
ponuiturrs. Hence II II prayed that a
receiver be appointed 10 take pOssct
sion OF the demanded premises, with
authority 20 lease the same, collect
Ieuts, etc., also that besides recovery OF
the premises, plaintiffs have Judgment
against defendants for 81 900 damages
and 5000 AS the value Of the rents anu
costs.
The defense Ia an almost total denial
OF the allegations ret forth In the COM
plant.
The case, after argument, was sub
miited.
sUED on An OLD JUDGMENT.
In the Third District court today
Frank J. Range brought suit against
Simon Eiseman 90 recover the sum OF
Sl,200, Interest and costs on two judg-
ments obtained against the Defendant
In Douglas county, Nebraska, In Au.
gust anu October, 1891, for the sum VI
1000 ana $500 respectively, and no
portion Of which has been satisfied,
CHA krebs Ia the PLAINTIFF attorney.
msCELLAHEOUs.
In the case OF r. J. Brown vs. the
Utah Music 90. ct al, fifteen days
were allowed 10 plead.
A. e.. Dale Va n. NJ. Patton ct NJ.
This case was dismissed by consent.
Alfred ID. Brim et al VI rhOs. w.
J9nes. Demurrer 10 complaint Argued
and submitted.
August FnberR, swede, now 70.
slding In summit county; Geo. T.. Par.
cons, an Eugli-hmau, now residing In
Salt Lake; and Wilson Dry borough, a
canadian, now Of Juab county, were
admitted to citizenship.
A PARTNERsHIr DISPUTE.
The case Of George NJ. Cleland vs.
Philip Neder, ON motion for the AZ.
poiniment OF a receiver, was argued
before Judge Merritt this afternoon
by Judge Dcy for the plaintiff anu
Judge ROyle Tor the defendant. The
particulars Of the complaint were given
In these columns yesterday, the dis
pute which eliminated In the present
suit having originated Ia n part.
netship Misunderstanding. The de-.
which he asked that the partnership
be- dissolved and that he himself be
appointed 10 wind up the affairs Of the
arm on giving n bond to the satlslsc-
tion Of the court.
court appointed &, T.. Mason as receiver,
the bond being fixed at $4,000.
AN APPEAL TAKEN.
An appeal was taken 10 the Third
district court this afternoon, from
Police Justice smiths court, In the
case Of Katie T.. Randolph vs. the Salt
Lake Build x y Loan Association,
judgment went Ia favor Of tho de-
fondant, and plaintiff now moves.
SUIT on PRoMussoRY NOTE.
In the Third district court this after.
noon sam Levy brought SUIT against
Harold q. 4. Coates and Louis Hyams
10 recover $500 on promissory note,
secured by mortgage, with interest ut
per cent per annum. $, n. Lewis "
the plaintiffs attorney.
A DIVORCE GRANTED.
In the divorce suit OF Ella Muller Va
Frank #. Muller, tho dHiendAnt's an.
swer and crOsB'oomplniut having been
withirawn, the plRintiti now Withdrew
her motion Tor Allmony, MS previously
submitted. Judge BaTtch thereupon
today granted the plaintiff n decree Of
divorce, allowing AZ attorneys Zee OF
800 and costs. The complaint was
based ON lhe ground Of failure TO pro-
vide.
BOARD OF EQUALIZATION.
The county board of humiliation