The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-05-11
EXCITEMENT CASE.
Central Pacific Railway Company VS.
William johnson ct al.

In the afternoon Judge Hallett
United States district judge tor the dis
trict of Colorado. sat 10 hear cases in
which Judge Marshall is disqualified
on account of his having been of coun-
sci in the cases before his ascension to
the bench.
The first case called was that of the
Central Pacific Railroad company VS..
William johnson, George j. Marsh and
Thomas Malorey.
The plaintiff alleges that it is the
owner of 1000 acres of land near CO.
rhine in Box Elder county. Utah. and
that the defendant on Jan. J. 1926,
wrongfuly took possession thereof and
ousted the plaintiff therefrom, and still
retains it. Plaintiff prays for judg-
nnent for restitution and costs Of the
suit
There is another case between tbs
same parties involving the Same issues.
except that the tract of land is differ
ent and by agreement the TWO are be-
ing tried together.
In the answer the defendants state
that for more than 20 years they have
been the owners of the land and allege
that the plaintiff never was the owner
of it, nor have they Ousted or rejected
the plaintiff and that the plaintiff
ought not to maintain the action be-
cause the alleged title to said land has
been determined and adjudicated ad-
verse to its claims; that the plaintiff
by contract in writing, agreed to sell
and convey 20 the Corinne Mill Land
and Stock company, which company
commenced action in the district court
o. Box Elder county against the de-
PENDANT on the same caGse of action
as now set forth by plaintiff; that de-
PENDANT answered The complaint. de-
MED the allegation and inter
posed cross complaint against
The COrinne Riill, Canal and
Stock company and Central Pacific
company and defendant johnson: re-
covered Judgment against the Corinne
Land and Stock company. The judg-
ment was affirmed by the supreme
court of Utah and tbs supreme court of
the United States. Marsh and Maloney
ACQUIRED their irterest from Johnson.
The defendants further alleSe that
they nave made Improvements u wears
Orior to J,iz tire the plaiTtiH CON-
menced the suit and enhanced the value
of the land to The extent of $4,000, and
that the plaintiffs action is barred by
the statute of limitation
The plaintiff is represented by Mes SIS.
H. Y. Reardan, of San Francisco, and
L. r. Rogers. of Ogden. and the de-
PENDANTS by Messrs. c. C. Dey, w f.
Masinnis and George Marsh.
For the plaintiffs Attorney Rogers
made the opening statement and intro
duced as evidence patents of land
grants issued by the United States gov
eminent 10 the Central Pacific Railroad
company and rested.
Judge Masinnis stated the case for
the defense.
Newton FAIR, county clerk at Co
rhine testified as to records in the pre-
Vious case of litigation.
Thomas Marshall said that at various
times he had acted as counsel for the
Central Pacific bat he was not able to
say that he had been connected with
the litigation now in question
The defendants attempted to show
by the testimony that the former suit
brought by the Corinne Mill, Canal and
Stock company. was done in Behalf OF
the Central Pacific, while piainti4f
maintains that the Central Pacific was
not q party to the suit.
William Johnson testified as to the
time of occupancy and Improvements
on land. and was subjected to d rigid
cross examination by Mr.. Rogers.
TIE case viii be resumed this morn
ing.