Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-12-05
SuOreme Court Today Sustains tn
Decision Of Judge Hail.
rompllcated suit TO Quiet Titic Set
aed--properiy Passed Through
A Number OF Hands. n

Tbe Supreme court today affirmed
|the decision Of Judge Hall In the case
Ia John Jenkins Jr, appellant, VS. Mary
Id Jensen and Thomas Quayle. The
|epinion Is written by Chief Justice
|hIner. and concurred In by his associ-
Hates, and Is very lengthy, occupying
|twenty-onc typewriter pages
The action was brought by John A..
Jr., to Quiet title to lot l6, block
La Ten Acre plat A, BIG Field survey.
|The defendants denied plaintiffs alega-l
Hons OF title, and set up as q defense
the statute OF limitations, estoppel.
Family compromise and settlement, and
kVanf of consideration. The trial court
honnd the issues In favor Of the de-
Ecndants and the plaintiff appealed.
on JuIy 49, 1915, Thomas Jenkins
|pnrchased and continued to occupy lots
II 3 8, ana 49, block %, Ten Acre plat
N, known as the 40 acre tract. lie was
IN this time the owner OF UP acres In
kectlon A. For more than ~ years he
had been q member Of the Mormon"
k-hurch, and believing IN the right of
having a plurality of wives He then
bad a legal wife named Ann Jenkins, TO
Whom No was married In 1851, and by
Il nom ne had eight children. John A.
benking. the father OF the plaintiff, was
hIs eldest son by his lawful Wife.
Thomas jenkins also had a plural wife
named Mary Il. Jenkins, to whom he
Mas married IN 1855, and by whom he
had eleven children. On March 2. 1878,
Resting TO provide support and main
Romance for Ann and Mary X. jenkins
lind their families in case Of his death,
he conveyed the 40 acre tract embrac-
5ng lot i6, the land In question, to Mary
ri Jenkins and the l20 acre tract To Ann
Jenkins Al the time OF these convey
pnces IL was verbally agreed by the
paftles that Thomas Jenkins was TO
manage and occupy the land during his
lifetime, and the grantees were TO take
Possession at his death. On April B,
jS17 the Two wives agreed 70 exchange
thelr respective tracts Of land with the
ronsen, of Thomas Jenkins, each con-
SeyIng to the other the land SO cont
veyed to her, when, al the request OF
Ann and with the consent OF Thomas
Jenkins, the deed to her was changed
pnd made 10 John A, Jenkins, her eld-
rst son. now dead, who knew all the
FACTS and took the deed for the 40 acre
lraot, subject to the former agreement
HI the parties, without paying any COM
liberation therefor and agreeing that
Thomas Jenkins was TO hold. manage
md occupy II during his lifetime, and
HI his death John a. Jen-
lins was 10 come into pos
session. and without other considera-
lion was to keep and support his moth
er during her lifetime, and also his SIS
fers Alice and Anna, during their min
orlty and until they should marry. lie
Mas also to support Mary Bundy, an
Dged woman dependent on Thomas Jcnr
kins. John A. Jenkins lived AT home
With his father, and in 1878 he married
Minnie j. Jenkins. on September 25,
$50, he died intes.ate, without issue. on
December 5, OF the same year, his
widow bore son by him, who was
named after his father, and who IS the
plaintiff In this action. His father new
sr took possession Of the forty acre
Iract and never supported Alice or An
Ia or Mary Bundy John s. Barnes
VAS appointed administrator OF the es~
|tate, and on Septembr 81 brought suit
lgalnst Thomas jenkins and his tenant
0r possession Of the land ana $500 dam
Iees He also claimed that the rents
Il the land were $500 per annum on
November 26, 1880 an agreement was
cached whereby IN consideration OF the
layment of 5000 a year by Thomas
'enkins he was to have the use Of the
ract of land during his lifetime or un-
y the coming OF age or marriage OF
olln A. Jenkins, Jr, Anna and Alice
enkins, until the two latter arrived at
he age Of Is years. When young John
ttained his majority the title to the
ract of land was to become vested in
i'm and his heirs forever.
In 1889 Thomas and Ann Jenkins con-
eyed the land 70 Bolivar Roberts for
consideration OF $500 and In 1896
e In turn conveyed 1t to Mary u. Jen-
en- who is now in possession of II for
he sum of $1,000 On November 10
dary r. Jensen mortgaged the lanl to |
Thomas Quayle for $1,000, which debt |
{ still unpaid.
The court holds that the estate Is
till In the possession Of the admlnis-
rntor but as he has never taken pos
esslon Of the property In dispute he Is
'arred by the statute Of limitations.
WHITMoRE MUST PAY.
The Supreme Court today also handed |
lown an opinion, confirming the decision |
4 Judge Hall in the case of the Sierra |
Nevada Lumber Co. vs. Samuel M.
Nhitmore ct al, In which the trial |
curt found the issues for the plaintiff, |
rom watch decision defendants appeal |
d. TIE opinion Is written by Justice |
3askin, whose associates on the SUI
irene bench concur.
The action was brought 10 foreclose
mechanics lien for sl9751 and costs
N certain real estate owned by Whit
more and a sale Of the property was
'rdefed by the court to satisfy the lien.
WILL OF LATE j. sQUIREs.