Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-01
ROUNDS OF
THE COURTS
Real Estate Suit Instituted by
Joseph Baumgarten'
DIFFERENT DIVORCE CASES,
Extreme Cruelty IL Alleged IN one ana
A Decree Granted In Another
Illegal short nit.


Legal short Bit"
---------
Joseph Baumgarten today fled SUIT
IN the district court against james ana
salcna chapman 10 recover SS6OO ior
the value of certain real property when
they sold ana warranted to him but
failed to defend tae title 70, thereby
causing the plaintiff to lose part of The
property described IN the deed,
The complaint alleges that ON March
"a. 1897 the defendants sold to plaintiff
for consideration Of 100000 parts Of
lots 9 and & block 81, plat A, Salt Lake
city survey and by their deed war
rhhted the title 70 said property and
on October 5, 1901 plaintiff was, by due
course Of law, ousted from the posses
sion Of strip Of land ~ inches wide
and running along the length Of the
lots distance OF rods. Mr. Baumgar-
ten further alleges that the defendant
failed to defend his title to the property
ana he was compelled to pay S26SlO
costs In The suit which was instituted
against him at the time he was ousted
a. the possession thereof aud asks that
he be given Judgment against the de-
PENDANTS for $500 The property IN con
tioyersy Is situated on First South and
Main streets.
PHELPS VS. PHELPS.
Emily C. Phelps has filed Il complaint
IN divorce in the district court against
her husband Chester G, Phelps, charg-
Ing him with extreme cruelty and inhu-
man treatment, The actions complained
OF are among the most cruel which
have ever come to the notice of the
divorce court.
The complaint alleges that the par
ties were married In Ogden, August 2,
1886 and there are Ave children now
living az issue OF the marriage That
on May ", 1897, while Mrs. Phelps was |
IN delicate state OF health, and about |
one month prior 10 the birth OF their |
son Alfred, the said defendant struck |
her with clenched fist Knocked her |
down. choked her and pulled her hair.
On December rs, 1900, Phelps came 10 |
her home In this city and broke IN the |
door ana threatened 10 "blOW her |
brains out compelling herself and |
children to fee TO the salvation Army |
headquarters for protection. on De-
Cember 81 1900 and January "a, 1901, the |
defendant struck and choked the plain. |
tiff. causing her great bodily pain. |
The complaint further states that |
Phelps has never provided for his wife
ond family and on July A, 1901 he de-
serted and Abandoned them. Mrs
Phelps asks the court TO award her the
custody OF the children and allow her
$2b per month permanent alimony, $50
attorney fee and such temporary ALI
mony as may seem Just and proper.
DIVORCE GRANTED,
Judge Stewart this morning granted |
decree of divorce 20 plaintiff In the |
case OF Martha Wade vs. John u. Wade. |
Mrs. Wade Is allowed $50 for attorneys |
fees.
JUDGMENT ny DEFAULT.
A Judgment by default was entered by |
Judge Stewart this morning IN favor |
OF plaintiff In the case OF Martha l., |
Smith vs.J Schenck ct all The amount |
OF the Judgment Is si,5SS.f7 and costs.
no QUIET TITLE.
In the suit OF Robert r. Smith vs.
Michael Gibbons ct al, Judge Stewart |
today rendered decree In favor of de- |
PENDANTS, quoting title to mining prop |
orty In Bingham. Defendants Williams |
end Olson were allowed costs
WANT SEPARATE TRIALS.
Tie attorneys for RosalIne Hewitt,
charged In connection with VIM Lind |
str0m and Irwin Perry with criminal |
cohsplracy, appeared before Judge |
stewart THIS morning and demanded |
that she be given u separate trial. The |
attorneys for the two men made the |
same demand and the matter OF hear |
Ing arguments on the motion was set |
fer Wednesday Feb. 8.
NO TEMPORARY ALIMoNY.
Judge Hall yesterday refused to allow
Ida Olsen temporary allmony pending |
the determination OF the separate |
maintenance suit brought against her
husband Olof II. Olson. The evidence
showed that Mrs Olson had realized
over 500 on some real property turned
over to her by Olson and she has all
Of the household goods and other per-
sonal property SO the judge decided
that she had more than her share and
denied her motion for alimony,
3 CHINAMEN AS IdTfGANTs
Charley wa Hing, chnaman, Is SUI
ing Frank JOY ct al In the district
court for $l0i37 on three promissory
notes executed by defendants In his ia
vor. The notes We're executed IN Feb
ruary 1895 and nothing has been paid
on them.
COURT NOTES.
The point Of allowing the executors
fees IN the Auerbach estate case was
argued and submitted before Judge
Han today The amount OF the fee Is
$1,000, which was contested by heirs OF
the estate
The receiver Of the Butterfeld Mining
company was authorized by Judge Han
10 insure the mill belonging 10 the COM
pany In the sum Of $4,000. and pay for
same out Of funds IN his hands
Judge stewart today rendered judg-
ment by default I'm the sum OF $3Si9G
In the case VI the National Bank OF
the Republic vs Fisher Harris ana d
c. Dunbar The suit WAS brought ON
n promlssory note. dated Nov 2S, 1900
for 800 defendants having paid only
500 of said amount,
-
CONFERENCE or ELDERS,