The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-07-17
RAISING SOME FINE POINTS
INQUIRY INTO FEDERAL BUILD
ING SITE TITLE.
Walker Brothers Asked to Pay 81 900
For Correction of Clerical Error
In Connection With Allen Estate.

United States Attorney Whittemore' S
thorough examination of all court rec
ords affecting the title to the various
pieces of property sold to the govern
ment for a federal building site, has
brought out many interesting facts in
connection with the history of old es-
tates. However, nothing has been
found that indicates the least cloud
upon the title, as is admitted by Mr..
Whittemore.
AS illustrating how small a point may
sometimes be raised in questions of this
kind, Attorney A. c. Ellis, jr., yester-
day related a curious matter in con-
nection with the Allen estate. He
stated that he had been asked 81, 900 by
Milton Allen, his mother, Mrs. Allen,
and sister, Mrs. Gertrude Moss, to give
quit claim deed to property, part of
which is within the site, in order to
make a correction of an error in the
record of the courts. Mr.. Ellis, who rep
resents Walker Brothers in making the
abstracts for the property, most posi-
lively refused TO consider the PROPOSE
ton.
The Allen family inherited piece of
property in lot 1 of block 81, just south
of and including a part of what is now
the proposed site for the building. Pro-
ceedings were instituted some time after
the death of James NJ. Allen to parti-
ton the property among the four heirs,
or rather, to divide 1t between one sis
ter and the mother and sister and the
son. An order of partition was ordered
from the district court, and the matter
was concluded by Referee Henry Sad
Ter. The north half of the property,
forty-eight feet fronting on Main
street and eight rods deep, was decreed
to the widow of James NJ. Allen and
daughter; the south half was decreed
to Milton Allen, the son, and Mrs. Moss,
the daughter. Later on they sold these
pieces to Elijah j. Whitaker. Now the
north half forms a part of the federal
site, having been secured to complete
the $50 feet front on Main street. In
their sale to Whitaker warrantee
deeds, recognizing the validity of Ref
cree SadlerS partition were given
Those deeds, Mr.. Ellis maintains, and
Mr. Whittemore admits, make the title
perfect.
Still, there was an error in the ref
eree's decree of partition. In one place
the original Aliens Christian name is
given as Joseph NJ, and in another as
James NJ. Mr. Whittemore thought it
better to have the discrepancy cleared
up by quit claim deeds to the property
He reasoned that the Allen heirs might.
at some future time, Notwithstanding
they had given warranty deed recog-
nizing the legality of the partition.
bring suit to recover the property. on
the ground of the error in the decree
The easiest way to settle the mat
ter" said Mr.. Ellis yesterday, land
one which Mr.. Whittemore agreed to.
was to secure quit claim deeds. But
when 1 went to see the Aliens they told
me that they would not sign such
deeds until we paid them 81, 900. Still,
they admitted that the partition was
legal and that they had no claim what
ever to the property
HOY ever, we will secure affidayits
from Referee Sadler and others con-
cerned at the time which will show
that this mistake is immaterial and will
satisfy the government"