Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-27
The COURTS TODAY.
That Action 10 Regard 10 Land 10
PoppGr,Ol Place,
rnE HEARING SILL PROCEEDING.
Judge Darich Returns From Beaver
aud VIII Take Up the
Work Here.

The trial whioh began In Chief
Justice Merri,ps court before jury
yesterday afternoon, and which was
unfinished when an adjournment was
taken for the day, was resumed this
morning.
The plaintiff is G.. q. Bartels, of Den.
yer, aud the defendant Annie Peters
Brain, admiuisIraIrix OF tho estate Of
the late Edward Brain, a brickmaker
Of this city. The former H. represented
by Attorney Frank Pierce anu tho
latter by Williams, Van Colt 81 5uther.
land.
THIS facts Of tho cans appear to DO
thatin the month OF June, 1866, ono
Chaa. Pepper, Of New Yors, leased
subdivision OF land In tue northeastern
part Of the city, now known nv Pop
pcrtOu place, TO the now deceased
Edward Brain, Tor five years, the
rental being $500 per aunum. The
leased area consisted OF one square
block, some three and One.half acres
Ga extent aud u Hdj lined
Brain'e brCEyard. In tho lease was a
provision that the lessee would, at the
expiration VI the lease, surrender the
land ia as good condition as when he
assumed possession, On January 2uu,
1859, Mt. Pepper sold the whole OF the
POppcft0u place estate % tue plaintin
Barluls, ana on May 23rd Of the f0l.
lowing year Bfain's death took place.
Daring tuu probate proceedings plain
IN sent IN claim TO the widow, a.
AdmluistrattiN, amounting 10 81, 6u6. 90,
alleging that this was duo 10 him iOr
damages caused by the removal by the
late Mt Brain VI clay from the leased
ground Tor brlcGmakilg purposes. The
claim WAS uisgllOwUd On tho ground
thRt the land was iuaHcl for tho very
purpose 0f taking brick clay from 10.
On April IL, 1892, plaintiff then
brought suit la the district court. The
trial has been pending ever since, aud
the estate has not been, Therefore, 20.
distributed.
Asa de.ouse IL 10 held that Mr.. Pou.
per agreed that the excavation might
Do made; that no saw the property
while the clay WIS being removed,
that the ground az the time Of tho
lease WAS worth nothing Tor any other
purpose than brlCkmakipF; that on
May 20, 1891, the plaintiff agreed that
n tbs defendant would permit tue con-
ttrucliUu OF road soTUsa the leased
land, he would waive all claims for
damages that accrued prior 10 April
10, 1853; that BaTluls saw the excaya-
ton before he bought the land, ana
that N any one mas cause Of RClion II
Is the lessor, Pepper. But the plaintiff
insists that until tue expiration II the
lease anu the failure 10 surrender tao
premises IN the same condition as they
were when leased, tho covenant was
not broken, and the right Of action
was not created, and that Therefore
Mr. Baftels Is the proper plainuil aud
entitled TO recover.
This morning the taking OF further
testimony WAS proceeded with, ami the
hearing Is proceeding this afternoon,
JUDGMENT by DEFAULT.
In the case Of WIN, Crowlher vi
Geo. H.. YeEdon ct al, default was
entered, and also judgment as prayed;
principal 500, Interest $40,
JUDGE nARacH's RETURN,
Judge Bartoh has returned from
Beaver
TODAY's PROBATE COURE
Judge Blair made the eubjoined
orders ia the probate court tod y:
Estate VI Samuel Liuuy, uvceagal.
Hearing on petition TO oct over the
entire estate 10 the widow, which was
allowed,
Eslsts OF Geo W. Phillips, deceased.
Hearing ON petition for faulty allow.
Rnuc, aud the sum 0f 500 per month
was granted,
Estate OF Thomas Douris, deceased.
Hearing on petition for probate OF Will.
VIII admitted 10 probate and Mrs.
Luciuua DOuris was appointed exsou.
lriE, without bonus.