The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-08-14


That said note and mortgage provid-
ed for attorneys fee in case Of suit for
collection.
That Oh or about the date last men
toned Lindsay r. Rogers came to in
fofTn7nf Sidney Stevens and repre-
sented 10 informant that the firm of
Evans & Rogers of which he was a
| member, had as attorneys for fore
closure. q certain mortgage owned by
one Joseph Clark. which last men
toned mortgage affected the property
which had been nortgaged to secure
the note Of informant
That said Rogers further represented
TO Sidney Stevens informant, that he
would be made a party defendant IN
the action brought by Joseph Clark.
/ and that informant should answer by a
cross-complaint setting up therein in
formant's said note and mortgage, that
said L. r. Rogers then requested in
forrnant 20 allow him Rogers to take
informana's said note and mortgage,
and that he, as attorney, would repre-
sent said informant in said matter.
Said Rogers further representing that
he would make no other or further
charges than ehe attorneys fees pro
vided for in the said informanits said
note and mortgage.
That informant thereupon, and in
Z
quest and proposal delivered to said
Rogers as attorney said note and
mortgage.
That afterwards said Rogers filed in
the foreclosure suit brought by said
Clark, an answer and crosse complaint
for informant Upon said note and
mortgage, the firm of Evans & Rogers
having brought the action for said
Clark as plaintiff, that afterwards such
hoI
was rendered in said suit in favor Of
informant and there was allowed upon
the note and mortgage of informant
the sum of $196.60 as attorneys fees;
that all these proceedings were had in
the territorial district court at Ogden,
Utah.
That afterwards in pursuance of a
marshafs sale under decree entered in
said proceedings there was released
from the sale of property included in
infcrmant's said mortgage the sum of
S196.60 attorneys fees and $139.20 adj
ddtfonal which was to apply on in
formant's decree and judgment.
RECEIVED THE MONEY.
That on or about February 1, 1892,
said amounts i. e., $196.60 and Sf39.20
were paid by the United States mar
shall 10 the said Lindsay r. Rogers,
that on or about July 10, 1898, there was
paid into the clerks office of said dis
trict court to apply to plaintiffs de-
cree and judgment trial under said
foreclosure proceedings the further sum
of S2S7.25 which said L. r. Rogers re-
ceipted for and received from said
clerk, making a total, which he the
said Rogers had received on said de-
cree and judgment of S426.45 over and
above the s196.6O as attorneys fees.
That the said Lindsay r. Rogers has
not up to this time ever reporSsd to
said informant of the receipt of said
money SO belonging to said informant
or accounted for the same in any man
ner Informant further states that he
did not learn of or have any knowledge
Of the payment of said sum by said
marshal or said clerk to the said
Lindsay r. Rogers, nor that the same
had been received by the said marshal
- clerk until on or about June !, 1896.
That thereupo1 and upon receipt of
such information he caused to be writ
ten a letter demanding a report and
settlement from the said Lindsay R.
caused said letter to be delivered by
carrier at the office of said Lindsay R.
Ro-ers at Ogden, Utah, and the said
letter was received by the said
Lindsay r. Rogers, but the said Rog-
ers has refused and still refuses 10 ac-
count 10 Informant IN any manner.
And this informant is informed ard
states that said L. R. Rogers
claims that he is relieved of legal
liability to account for said money by
the statute of limitations.
Wherefore the premises considered I,
Sidney Stevens pray this honorable
court to cite the said Lindsay R.
Rogers to make answer thereto and
that upon a proper hearing of the mat
tiers herein contained, this honorable
court take such action and make such
order as shall to justice belong.
SIDNEY STEVENS.
Mr.. Rogers answer to these charges
is awaited with interest