Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-12-05
SuDreme Court Today Sustaius tho
Decision Of Judge Hail.
IN FAVOR OF DEFENDANTS.
Complicated suit 10 Quiet Title set
ued-property Passed Through
A Number OF Hands.

The Supreme court today affirmed
ma decision Of Judge Han In the case
Of John jenkins Jr, appellant VS. Mary
b. Jensen and Thomas Quayle TheI
opinion IS written by Chief Justice
Miner, and conourred in by his associ-
ates, and Is very lengthy, occupying
twenty -one typewriter pages.
The actlon was brought by John A.
JenkIns Jr., TO quiet tide to lot 10. block
92 Ten Aero plat A, Big Field survey.
The attendants denied plaintiffs allega-i
lions of title, and set un as O defense
Ire statute Of limitations, estoppel,
fnrnilv compromise and settlement, and
want Of consideration, The trial court
found the issues in favor OF the de-
PENDANTS. and the plaintiff appealed.
on July 49, 1915 Thomas jenkins
nnfchnsed and continued TO occupy lots
g. and IS. block %. Ten Acre plat
known as the 40 acre tract. He was
.ot fhls time the owner Of l25 acres IN
section IA For more than 70 years he
mad been member of the Mormon"
Church and believing IN the right of
having plurality OF wives. He then
had n legal wife named Ann Jenkins, to
whom no was married In 1851, and by
whom he had eight children. John a.
Jenlxins. the father OF the plaintif, was
his eldest son by his lawful wife.
Thomas Jenkins also had plural Wife
named Mary r. jenkins, to whom ne
waa married In 1865, and by whom he
Ma eleven children. On March 2, 1876
desiring 10 provide a support and main
romance for Ann and Mary II. jenkins
and their families In case OF his DEATH
ne conveyed the 40 acre tract embrac-
he lot &c, the land In question, to Mary
r Ienking and the 100 acre tract 70 Ann
Jenkins Al the time OF these convey
onces II was verbally agreed by the
narties that Thomas Jenkins was to
mnnape and occupy the land during his
lifetine and the grantees were TO take
nossesaion az his death. on April 5,
ISL The two wives agreed to exchange
their respective tracts Of land with the
consent of Thomas Jenkins, each con-
yeying TO the other the land so con-
viewed TO her, when al the request OF
Ann and with the consent of Thomas
Jenkins the deed to her was changed
and made TO John A. Jenkins, her eld-
EST con now dead who knew all the
facts and took the deed for the 40 acre
fract subject 10 the former agreement
~ he parties without paying any con-
sIderaton therefor and agreeing that
Thomas Jenkins was to hold, manage
and occupy Il during his lifetime, and
IN his death John A. Jen-
Iins was to come into pos
session and without other considera-
tlon was to keep and support his moth
or during her lifetime and also his SIS
ters. Alice and Anna, during their min
ority and until they should marry lie.
WAS also to support Mary Bundy, an
aged Woman dependent ON Thomas Jcn-
klns. John A. Jenkins lived at home
with his father, and in 1878 he married
Minnie D. Jenkins on September rs,
1879, he died intestate without issue, on
December s, Of the same year, his
widow bore son by him, who was
named after his father, and who rs the
plaintiff In this action, His Father new
or took possession of the forty acre
tract and never supported Alice or An
ma or Mary Bundy John S, Barnes
was appointed administrators of the es-
state and on Septembr ~ brought suit
against Thomas Jenkins and hi, tenant
for possession Of the land ana $500 dam
ACES He also claimed that the rents
Of the land were $500 per annum. ON
November 90, 1850 an agreement was
reached whereby In consideration OF the
payment Of $500 year by Thomas
Jenkins he was to have the use Of the
tract of land during his lifetime OF UNI
III the coming Of age or marriage OF
JOHN A. Jenkins, Jr, Anna and Alice
jenkins, until the two latter arrived at
the age Of 20 years. When young John
attained his majority the title to the
tract of land was TO become vested In
him and his heirs forever,
In 1882 Thomas and Ann Jenkins con-
veyed the land 70 Bolivar Roberts Tor
a consideration OF $500. and In 1895
he In turn conveyed il to Mary e. Jen-
sen, who is now In possession Of 1t for
the sum OF $1,000. On November 10
Mary z, Jensen mortsaged the Land to
Thomas Quayle for $1,000, which debt
Is still unpaid,
The court holds that the estate Is
still in the possession of the adminis-
traitor but as he has never taken pos
session Of the property In dispute, he Is
barred by the statute Of limitations.
wH1TMoRE MUST PAY.
The Supreme Court today also handed
down an opinion, confirming the decision
OF Judge Hall In the case Of the Sierra
Nevada Lumber Co. vs. Samuel NJ.
Whitmore ct al, in which the trial
court found the issues for the plaintiff,
from watch decision defendants appeal
ed, Tie opinion is written by Justice
Baskin, whose associates on the SUI
preme bench concur
The action was brought to foreclose
n mechanics lien for sl91,5l and costs
on certain real estate owned by Whit
more, and sale of the property was
ordered by the court 20 satisfy the lien.
WILL OF LATE j. sQUiREs.