The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-09-17
stevens vs.. Ogden Land Company,
A Matter of Costs.

Sophia Y. Benson vs.. Nicholas Ander-
son and Nephi P. Anderson. appellants,
was argued by Attorney r. n. Jones
for the appellants and by Attorney
Perkins for the respondent, and sub
mitted to the court
Bengt A. Benson. it appeared from
the record, was granted the twenty-one
acres of land in dispute, in Box Elder
county. on April IS. 1889. He died in
testaae. on August 81, 1889, and the
probate court decreed his entire estate
to Nicholas Anderson, his brother. The
plaintiff began suit in equity to set
aside the decree of the probate court,
declaring herself the widow of the de-
ceased, to obtain title to the lend.
Nicholas Anderson denied that she
was the widow of Benson and pleaded
the decree of the probate court as final.
N P. Anderson disclaimed all right, in
terest or title 10 the land.
The district court, on December p,
1891, found the issues in favor of Mich
olas Anderson and declared him the
lawful owner of the premises.
Appeal was taken to the supreme
court. which set aside the decree of the
district court and the decree of the
probate court and ordered that the
plaintiff receive one half of the estate
OF B. A. Benson. and Nicholas Ander-
son the other half and the case was
remanded TO the district court with in
structions TO enter Judgment in accord
ance with that ruling
The district court in entering judg-
mant taxed the costs TO the defendants,
Nicholas and Nephi Anderson. The
present appeal was taken from that
portion of the judgment on the ground
that it was not authorized by the or
der Of the supreme court.
short Orders.
John r. Wilson vs.. John Hall; dis
missed.
Frank Thompson VS.. William F. Ba-
bel ct al; demurrer to amended COM
plant argued and submitted.
Eva Maria johnson VS. Gustav O.
Johnson; motion to strike out answer
and cross-complaint argued and taken
under advisement.
William Hawkes. VS.. Caroline Comfy
ct al; demurrer withdrawn and fifteen
days to answer.
Minnie Brinton vs. Waldemar Van
Colt. administrator; motion to strike
out cost bill denied.
Matthew Cullen VS.. NJ L. Powers;
order TO show cause for injunction and
demurrer TO cross complaint argued by
plaintiff and submitted with leave for
defendant to be heard before close Of
case.
Nicking Gold Mining company VS..
Cannon Gold Mining company; demur-
rer to complaint argued and taken I'M
der Amusement
Harriec Ann Watson VS.. A. 2. May
berry; Defendant given forty days from
September to file affidavit in support
of motion for a new trial.
"
Her Husband in The Penitentiary.
Alice Simms has entered proceedings
for divorce from Joseph Simms. aileg-
ing that the marriage took place on
May 80. 1894. at Provo city, and that
81 1895 the defendant was convicted Of
burglary and sent to the penitentiary
for fifteen months and is now serving
his term. PLAINTIFF asks for a decree
OF divorce and for such other relief as
may De just and equitable.
Divorce Granted.
Rosetta F. Benzon was granted a de
cree Of divorce from Francis L. Benzon
by default in Judge Ritchie's court yes
terday morning on the grounds of de-
sertion and failure to provide. Wiley
/. Brown was the attorney for the
-,f.t.,ffF