Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-10-14
CHARGES OF FRAUD.
Serious Allegations against Joseph P.
BaChe.
DISCHARGED = $4,000 MORTGAGE
In His Own Favor, without Paying the
Nuie, Is the Accusation Made
ina Lawsuit.

~ FhAN NouNhiNluk Hthhahlouht ChhlEtt
against Joseph Il. Bachc, CLERK u the
Territorial Suptenie court aud memher
Of the present CITY Council, was filed
IN tue Tnird district cOud this after
noon by Frank Pierce, attorney Tor the
plaintiff, John Baxter Donaldson. Sir.
Donaldson Ia y resident OF London,
England, but is an American citizen,
and claimed that his absence from
this country s but temp lrary. In his
sult he makes Faux A. Grant, JOSEPH
+. Bache, Glen Miller, Hercules Mac.
Cord anu Arthur Muivey defendants.
The opening paragraphs Of the COM
plant allege In usual legal phrases
that on January %, 1899, Mr. Donald.
sou plnced In tbs nsnds OF Mr.. Biche
$1,000 cash to 10 loaned out upon notvi
ana good real estate security In Salt
Lake county, and that tbs same day
Mr.. Baohe loaned that money to
Frank a. Gran, taking therefor
pfomiesofy note, payable IN i've yoafs
NJ Tor cent, anu mortgage on
piece Of property at Fourth and q
siieuts, this city. IL 10 also stated that
The note anu mortgage were maze 10
Bache without auth riiy OF conuent VI
the ulaintf, tut that ON the 7th Of
April, 1892, Mr.. Bache assigned both
In writing 10 Mir. DOnaldton, which
assignment ie duly recorded. ihe fuf-
ther statement Ia mAie that no Interest
has been paid since January 20, 1893,
aud the nJte II SIN uur.
Then come the allegations uIon
which the cBafges OF fraud are basej.
IL Is SAID tnAt ON January ~, 1899,
two days after tho money was
loaue1 aud the notp nud mort.
gage made, Frank A. Grant hnd
bis vile, Isabella j., conveyed the
moftgsgrd property ny warranty deed
to Joseph l.. BAche, the bdng recorded
June 80. 1892, after the assignment OF
the noIo anu mortgage TO Mr. DJnald.
son. "rhop," continued tue com
plant, 'oa July 20. 1892, slil defend.
Ani, Joseph T.. Bachs, without tne
authority Of plainun, anu intending %
cheat AUD deifaud tniu plainllii out OF
HE said note and mortgage and said
$1,000 anu tue interest thereof, falsely
aud iTAuuulen'ly entered upon the
records OF said mortgage In tbs county
u salt Lake, Territory vi Utah, false
utd fraudulent discharge and ssufac.
lion thereof, which was unknown to
plnintii until October !. 1886, which
false and fraudulent dlsclafgs and SAL
isiacliVn va, ia words aoa nsuT0e rs
fellows, tc-wit;
sAltLaho city. Utah, July 30. 1872.
No. io.5iS.
81 hereby sstisfy and discharge this mort.
gage OF record, anu declare the indebl ednusa
secured thereby iuili p1ild n.,.
"Atiesti Jonn ~. Ramei Jf reoorasf, salt
Lake county, Utah Territory"
rhp complaint then states that ut
the time Of such pretended discharge
AMI satisfaction, Joseph II. Bsche
islsely anu irhudulontly represented 10
tho recorder that this mortgage hAI
been paid, and relying upon that state.
mrnt had altered the ditchatge; also
that ut the time such discharge was
made MT. Bacho held titls ~ tue
property, and the discharge was In
HE favor. Subsequently, ON July 9th,
1894, IL Ia asserted, Joseph X. BAche
Rnd his wife Lettle ID. Baohe, made n
trust deed In Glen Miller, as trustee for
Hercules MncCOrd. Tor the property, to
secure note OF 81, 400, aud that this
deed was taken with full knowledge
that the former cancellation OF the
mortgage was fraudulent and void.
Later, ON the 18th OF last July, the
land was detded by Bachc and his
wife TO Arthur Il. Mulvey. Trls con.
vsysnoe, the complaint says, was
without valid confederation, and was
made with full knowledge Of the for
mer transactions.
Upon this statement, Mr. Donaldson |
asks that the cancellation OF the
mortgage be set aside Ms fraudu. |
lent, tbst Judgment be given Ia
his favor for 81, 900 and for $3.50 Interest !
snd 500 c0tlt; thst the trust deed In |
favor OF Miller anu MacCOrd and the |
deed 10 Mulyoy be declared subs, quont |
and subject TO the Donaldson mortgage; |
that foreclosure Of tho Donaldson |
mortgage be- decreed, to the exclusion |
ui ALI other clAimAnts, until the claim |
under the first mortgage 10 satisfied;
and that pending the action receiver |
bn appointed TO take charge OF the
premises.
Mr.. Bache Is now absent from the |
city, and II IL not know n Just when he |
viii return. This IN but one OF num- |
Der OF transactions wherein 1t IL esid |
his financial affairs are badly compli- |
cltoJ. His business with the govero-
ment as clerk OF the Territorial |
Supreme court 10 said to BIZ all In
good shape.