Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-12-13
BUSY DAY FOR
SUPREME COURT

The supreme court handed down four
opinions today, two affirmations and
two reyersals Perhaps the most Inn
portant of these is the Wilson VS. Cum
ningham case, phlch involves $1,000
shares Of Bullion-Beck and $4,000 shares
Of Indian Creek Mining stock. This
case. which is entitled Il. w. Wilson,
trustee IN bankruptcy of the estate of
John Beck, a bankrupt vs j, A. Cum
ningham was tried before Judge Hiies,
who found all the equities in favor of
the defendants and decreed q dismiss
al OF the complaint. Wilson appealed,
but the appellate court finds no rever-
sible error in the record The opinion
Is written by Chief Justice Miner.
Wilson, as trustee brought this action
to obtain a decree declaring that the
transfer of $1,000 shares of the stock
Of the Bullion Beck and Champion Min
ing company and $4,000 shares OF the
capital stock of the Indian Creek Gold
Mining and Milling company to Cum
ningham was fraudulent and void as
TO Becks creditors, and for an account.
Ing as to the amount due upon the al
legged pledge Of the stock TO Josiah Bar
nett, as trustee for certain OF the de-
PENDANTS II is alleged that all Of the
stock was deposited with Barnett as
trustee to secure certain claims ac-
cording to a contract executed nv Beck
"a these creditors; that thereafter the
equity Of John Beck was levied on
an execution issued upon two judg-
ments In favA OF Sarah Everard, and
advertised for sale on May II, 1899. WI.
son Beck agreed with Cunningham that
the latter should advance the money
10 pay the judgment and execution and
protect the equity Of Beck. who was
to repay the amount advanced together
with q $4,000 bonus. When this should
be paid the stock was TO belong 10
Beck, subject to the trustees lien, bur
for the purpose of keeping Il beyond
the reach Of certain other Of Becks
creditors, a bill of sale, absolute IN
form. was made, and the stock was de-
livered 10 Cunningham with Becks
right TO redeem.
The defendants contended that the
bill OF sale was not absolute In FORM,
but was intended by the parties 60 car
ny all the equities OF Beck IN the stock
in consideration OF s24.50O. then adj
vanced by Cunningham 10 pay off the
attachment liens In favor OF Mrs. Ev-
erard They denied that the stock
was TO be held for Beck's benefit or
that Beck reserved any right or bene-
fit therein.
The issue at the trial was as TO the
absoluteness Of the bill Of sale or
whether there was a secret agreement
by which Beck reserved an interest az.
ter all the liens We're paid. Josiah
Barnett held the 1000 shares OF Bull
lion-Beck In security for claims
amounting TO s2S4,Oo0. The bin OF sale
was offered In evidence at the trial,
and showed an absolute sale OF stock.
Mr.. Cunningham. Judge Howat, Judge
Hall and MIR. Bradley testified that
Cunningham refused 60 advance the
money on any other consideration than
that Beck should make an absolute bill
OF sale OF all his equity In the stock.
without any right OF redemption or any
understanding Of q secret agreement TO
give him the right 10 redeem Mr.
O.. anon. MIR. Smith. Mr.. Clawson and
Mr.. Mccormick testified that Beck
stated at directors meeting that at