Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-02-05
SISTER SUES HER BROTHER,
And Asks that lie he Required to At
cyunt for Funds Accruing from Property

cyunt for Funds Aocruing from Property.
Ferdinand Dickert Is being tried be-
fore Judge Norrell today. The parties
are sister and brother, and the former
sues for the rents, issues and profits.
the income of certain premises situated
in Popplesdorf. Germany. from the 18th
Of January, 1888, up to and including
the year 1890. The sum sued for ag-
gregates s5,l50. divided as follows.
$1,000 on the rents and n claim for 5,4OO
marks, or 1880, and $500 alleged to be
due as u debt of the brother to the
sister.
The complaint alleges that in August.
1897, Clara Dickert resided at Popples-
dorf, Germany, and that Ferdinand
Dickert resided at Salt Lake city.
During the month and year named, 1t
is alleged. Ferdinand authorized his
sister to purchase certain lands
from Thomas Dickert. father
OF the parties. The agreement
was that the purchase should be made
In the name and for the benefit of the
defendant upon certain conditions. The
transfer of the land was made in Oc-
tober, 1879. The property consisted OF
piece OF the elder Dickert's homestead,
being at Louisensstrasse, Popplesdorf.
Germany. The conditions of the trans
fer were that Ferdinand was to pay
tine debts Of his father, among which
was the sum of $500 mark" or 1880
In United States money. owing Adele
Klais. an aunt of the parties. Another
agreement was that the defendant
should pay his sister $780, and still an.
other agreemnt provided that Clara
Dickert should receive the rents of the
estate from and after the fathers
death and until she should marry or
die.
On the 18th OF January. 1889. the
father, Thomas Dickert, died and the
Following July. plaintiff alleges that
she empowered one DR.. Eich of Ger
many to collect the -ents and turn them
over to her. The brother, 1t is alleged,
countermanded the order given DIR.
Eich and forbade him paying on his
account or on occount of the trust any
money to his sister.
It is then stated that the Aunt Adele
Elais died on the LIST ofJuly, 1880, be-
queathing to plaintiff the 5,4OO marks
owed her by the defendant.
After the death OF the father, plain
tin says, she left her home In Ger
many and came to America, acting as
family: Being unfamiliar with the
English tongue. she relied implicitly
upon her brother. Upon his repeated
promises to pay her what he was owing
her. plaintiff failed to renew the mort
gage as required by the laws of Ger
many. thus losing her mortgage lien
ana security on the land. 1t is fur
Their alleged that defendant wilfully
misstated the law to her and wrong
fully advised her on the renewal of the
mortgage. II Is also alleged that he
had fraudulent purpose In mind when
he induced her to come to America.
On the first of May 1890. the COM
plant alleges, the defendant returned
TO Germany, selling the property, coll
lecting the rents and converting the
same to his own. pocket.
Judge Howat was in somewhat
humorous mood this morning and sug
gested that, on account of SO much of
the reading matter being in German,it
be tried before Judge Rolapp
WHAT'S the matter with Judge Nc
Carthy?" enIuired Judge Powers.
The case had not concluded at press
time
The plaintiff is represented by Judge
Powers and Attorney Joseph Lippman
and the defendant by Judge Howat
and Attorney kroeRer.
Plaintiff says she was kept in ignor-
nnce NJ the sale until the latter nart of
1892 and learned of 1t then through
correspondence with some persons in
Germany.
Plaintiff prays for an accounting
from the defendant and that she get
Judgment for the sum named
Defendant In his answer denies the
allegations OF his sister. and as separ-
ate defense sets out that the money
claimed by his sister has been paid her
and that furthermore action in the
case is barred by the statute of liml-
tations
Considerable time was taken UP to-
day In arguing the admisslbllity of the
ney from the defendant and to the
plaintiff