The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-02-14

called divorce ard explained that such
was usually given IN like cases. where
the parties desired s. That the two taken
together did not constitute the ordinary
ing for eternity and the divorce dissolved
that relation. The subject being wholly
spiritual. and having nothing whatever
TO DO with things temporal the parties
could assume or dissolve the relation be
tween themselves at pleasure. Daniel II.
Wells was the high priest who performed
the scaling ceremony between the plain
TIT ana AIR. Park, and also the mar
rlage ceremony between the plaintiff and
Air. Hilton. and il viii be assumed that
he understood. knew and intended that
the ceremony he performed between the
plaintiff and Mr.. Park was only for
eternity. and was no legal or religious
disability on the part Of the plaintiff ana
Mr.. Hilton entering into marriage.
Ordinarily affection is the gravitating
influence that brings the sexes INTO the
marriage relation. chat has established
and maintain the righteous ana funda-
mental principle Of religion and civil gov
eminent and is based upon the mutual
consent and agreement OF the contract
ing parties. And further the consent and
intent Of the parties must mean all the
usual confidence. FGtiearmentS. SOllCl
tudes and responsibilities that the union
implies and I find all these absent in this
case. But 7 do find that the plaintiff ana
John r. Park. and all those present,
thought that the plaintiff was dying ana
the salvation OF the departing spirit Of
the plaintiff was the uppermOst thought
and that the mutual intent of the PLAIN
tiff and John r. Park in the ceremony
was limited to the specific purpose of
consecratGE the death of the plaintiff
in this world into an exalted rssurrec-
tiou I'm tire world to come, in accordance
with the doctrines and us3EeS of the
Mormon church, IN other words.
that the intent and agreement In the
ceremony was sealing for eternity only.
and solely for the spiritual welfare Of the
plaiatiff as certain and more exalted
passport &C her spirit from time into
eternity.
Not Entitled to Property.
7 therefore find. both as a matter Of
law and fact: That by the law marriage,
iu its Inception is a contract 10 which
there must be the consent Of both parties.
Like other contracts II must he mutual
There must be an offer Of marriage and
an acceptance within a reasonable time.
and fl must appear that tho parties in
tended matrimOuy. The agreement must
ne in substance. tn be husband and wife
under he law. That ny the doctrines and
usa EPS -ot the " Mormon church q seal
ing for eternity oaly Is not d marriage.
That John Z. Park was never married 10
plaintiff aud did not survive him as his
widow. That the plaintiff is not the
owner OF any part of the property de-
scribed i'm her complaint in this action.
That tie plaintiff Is not. but the defend
ant ". s. Mccormick, is tire owner. or
titled 10 and iu the possession or the
premises described in the complaint IN
this action. and that his title thereto Is
confirmed and 0uietel. That the facts
Having found and decided that the
plaintiff and John r.. Park We're never
married precludes 4 finding on the QueS-
tion of estoppel, that issue being merged
in the former.
in the former. w. q. HALL judge.
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