The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-13
Long Property List.

property described by section and town
| ship which they decided to the original
| company as security, and OF notes and
mortgages which they want, but there
| is no estimate made of the value.
Judge Henderson said last evening that
| the real property was worth somewhere
between 100000 and 100000. and the
notes and mortgages ran up over $780,
! 900 in value. Consequently, it is quite
| impossible to tell the exact, or even fine
| approximate value of the property for
which suit is begun. 1t is believed TO
run far beyond quarter of a million
| dollars.
The action grows out of a contract
made some ten years ago between j. X.
Boutwell, and the Corinne Mills & Stock
| company, now the Bear River Land.
Orchard & Irrigation company. When
| Boutwell, started to construct the canal
he made a contract with the Corlnne
| company, which owned 5000 acres of
| land in the Bear River valley. He was
, to build the canal at his own expense
, through this land, and as it was gid
with permanent water rights to Eettlers.
the proceeds were to be shared evenly
between him and the company. The
claim of the Corinne company, now the
Bear River Land, Orchard e. Irrigation
company, is that because of Bothwen's
failure the deeds TO water rights are
worthless; therefore, the contract for
division of the proceeds and for the
land given as security are void.
Boutwell, Organized Company.
Boutwell, organized the Bear Lake &
River Irrigation & Waterworks COM
pany, and let the contract to Garland.
Bonds to the amount of s2.oc0,000 were
issued and sold. When Garland finish
ed the canal he could not get his
money. He commenced suit. which he
carried successfully through all the
courts. While the case was pending in
the United States supreme court the
bondholders, who had not received their
interest foreciossd, and the canal was
turned over to them. While Garland's
suit was still pending. they sold the
canal to the Bear Lake & River Irriga-
ton company. which assumed the con-
tract with the Corinne company and
did the same business as Boutwell, had
done. with the understanding that were
Garland to win his suit it would take
care of his lien and protect the con-
tracts with land purchasers.
But this company. which had issued
50. SOC, 900 of bonds, not only failed to
take up Garland's lien, but failed to
take care of its cWn bonds. When his
suit was won the new bondholders were
in possession through receivers S. NJ.
Jarvis and r. r. Conklin, and he Sc
cured an order from Judge Marshall to
have the property turned over to him,
which was done.
Sold to Dooley ct al.
Then he sold to J. E Doo1y and David
Evans, who organized the Bear River
Water company. As Garland's lien
was prior to all contracts with the Co
rhine Mills Il Stock company. the ar
rangement which it had with Boutwell,
fer an equal division of the proceeds of
land sales does not now hold. He gave
a warranty deed to Dolly and Evans.
They are not bound by the contract
with the land company; they do not
have TO recognize the watr deeds, and
they have refused to continue to deliver
water to farmers who hold these deeds,
unless they are paid for it.
Last spring, when they shut off the
water, a petition from farmers asking
an order cf the court to require, the
new company to supply them was filed.
Judge Eallett, who sat in Judge Mar
shalrs place. and who didn't have time
to go into the merits of the case, made
a temporary order. Unless something
is done by next spring, they must then
purchase their water, Notwithstanding
the deeds which they hold.
The Corinne company. which gave up
half it received from these farmers. and.
in addition, several thousand acres of
land as a guarantee that it would do
SO, now wants the land and the pro-
ceeds back. for Boutwell, and his nu-
merouS SUCCESSORS have, it is alleged,
failed to keep the contract