The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-20

Albion y. Emery, which his honor has
had under adviseInent for some weeks.
and which was anxiously awaited. The
decision is very clear, precise and
serse. The issues, involving something
like a quarter Of a million dollars, are
found for the defendant, Mrs. Emery.
An appeal viii be taken 10y MIR.
Chambers, and before 1T is settled, the
case will so to the United States
supreme court.
Mrs. Emery was in court when the
decision was rendered, and appeared
highly delighted with the result. Mr..
Chambers was not present.
The decision in full Is as follows:
This action is brought tc establish a
trust in favor of plaintiff in and to
certain property held by the defendant
as administrator of the estate of
Albion B. Emery, deceased; and for
an accounting Of moneys alleged TO
have been received by the, deceased in
his lifetime, and by the defendant as
such administrative since his decease,
as proceeds Of the alleged trust prop
erty. After alleging the death of
Emery on the 18th Of June 1894, and
the appointment and qualification of
IIle uGlStLudIlL Us dtlHlIlILSl Il al IN VI Lllo
estate, The complaint alleges the pur-
chase by Albion Z. Emery of a one
fifth interest in what was known as
the Mayfiower Lease, for the sum or
price of s., 000 on the 30th of July,
1889. II is further alleged that such
purchase was pursuant to an agree
ment between plaintiff and Emery,
that they should as a joint adventure,
but in the name Of Emery, purchase
n, eoiy9 1la9-
and thereafter in the name Of Emery,
and IN connection with their co-ownerS
. in said lease work the leased property
4 for their joint benefit and at their joint
risk. and that the plaintiff thereupon
furnished Emery S4000-One half the
purchase price Of such interest-pur-
SIIant to such agreement, which sum
was used by Emery in the purchase,
and that in making the purchase, he,
Emery, was acting for the plaintiff as
we'll as himself, and that a trust re-
suited in favor Of plaintiff as to an
undivided Cne-half Of the interest SC
acquired, which Emery agreed to hold
and did hold in trust for plaintiff
That, thereafter, Emery, in further
ence Of such alleged Joint enterprise
With the knowledge and consent OF
plaintiff. and IN connections with their
cO-owners in said lease, procured with
the funds and credit Of said leasehold
ownership, extensions of the term Of
said lease and by the same means also
procured as appurtenant 10 said lease
various rights to work and mine in
other and adjacent mining property.
That the said Emery in his lifetime
and during the continuance of the al
legged trust and in common with others
interested in said lease, worked said
leased property and realized large
profits therefrOm. and that with the
profits so realized. the said Emery and
his said co-owners of said lease, pur-
chased What is known as the Silver
King mine, and thereafter conveyed
the same 10 a corporation called the
Silver King Mining company, and as
the consideration for such conveyance
took. and received all Of the capital
stock of such corporation; that the
said Emery thereby acquired, and ID
1he time Of his death. continued tC
hold 24.S0O shares Of such capita
stock, and that the defendant now
holds the same as such administrative
rs IS further alleged in the complaint
chat the said acquisition of the Silver
King mine was consented to by the
plaintiff. and that large profits &C
CTued to said corporation by the work
ing Of said Silver King mine, from
which dividends were declared and
paid to the several stockholders. That
the amount of profits and dividends
received by Emery il his lifetime from
said mining operations, and by tbs
defendant as such Administrative
equal the sum Of SLY, 425.15, one-hall
OF which it is alleged were received III
trust for the plaintiff and that Emery
in mis- lifetime paid TO plaintiff on ac-
count Of said trust out CT said profits
and dividends various sums aggregate
ing S204O0, and That no ether papl OF
said profits and dividends has eyel
been paid 10 plaintiff. The prayer is
that the plaintiff have Judgment
against defendant for the amount
account taken OF the profits and div
bends SO received by Tie defendan;
and her intcstate, and that defendan
be required 10 transfer and deliver *
plaintiff 12,400 shares of the said CAPT
tai stock IL execution Of the trust Sc
up in tie complaint.
The answer admits the purchase b.
lmery on the Goth Of July, 1855, OF !
one-fifth interest IN the said Mayflo0.
er lease for the sam or price OF IS, O0o
and that thereafter he. ii connection
with his co-oWnerS il said leas.
worked and operated the leased pro
f,eVty: admits the acquisition by lail.
and his c0-oWners, OF extensions O
The term Of said lease and of other anC
adjacent aiming operations, the ilur
chase by him ana his said co-owner.
OF the Silver King Mine, with q por
ton CT said profits; the conveyance q
teie Silver King Mining company o.
tire Silver King mine, il consideration
4 Of the capital stock OF said company
35meTy's portion thereof being 24,S0
shares; the receipt OF large profits b.
said company from the working of tn'
Silver hi3S mine, which were dis
pGrsed N dividends to its shareh9ld
ers; and admits the receipt by Emery
IN mis- lifetime and by the defendaD
since Ais decease of profits and div.
bends arising from all said mining oD
esraItions OF various sums aggregatns
the sum Of $115,500. But the ansWel
denies that the purchase by Emery o
the one-iifth interest in the Mayhowel
lease was pursuant to any agreemen
between hin and plaintiff, such as i.
set up IL the complaint, or that there
was any slTch agreement and denie.
that tbs plaintiff furnished $4,000 o.
any otler sum whatever, for the pur
pose OF such purchase or pursuant Il
sihe agreement mentioned in the com
plaint or that Emery purchased o.
acquired such interest in pursuance O
such agreement, and alleges that tbs
$4,000 and the whole thereof used b,
said Emery in the purchase OF said in
terest was the money Of the said En-
cry and that in such purchase he wa
acting for himself solely. And speci
fically denies every allegation in tht