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

oisior o. the state supreme court. IL
enc instance oEa OF her suits went TO
the highest tribunal OF the state upon
Two different occasions.
vt the time DIT, Park was sealed u
Mrs. Hilton, who was then Miss Arni-
Jsgc. ageC IS. IL was thought she was
OBJ her deathDgd. She afterwaTu re-
covered. The relationship between the
JUo was very Objectionable 70 the dos
tor and educator. and upon his SuggeS-
ton q church divorce agreement was
entered into between them.
& few yeas later Miss Arrnltase mar
ried Police officer Hilton. and raised a
family. During that time DIT. Park
disposed of some OF his property. Later
he died. leaving the bulk Of his estate
10 educational purposes. Mrs. Hilton
i'm nediately brought suit fer her dover
int crest. The suit was brought in the
district court, being tried before Judge
Hau.
Decision Of Supreme Court.
lie decided that she was not legally
ma rried TO Dr. Park by tie sealing Ger
emory. TIE woman appealed to the
state supreme court. W hIch OVerruled
the district Judge. II held i'm substance.
against the Mormon church that seal
inCS were legal marriages but that
church divorces could not be recognize
I'm taa courts The case was remand
al with instructions 10 enter shat juds
meat. divide the property and give Mrs.
Hilton her Widows third.
After Dr. PACKS death and after the
decision OF Judge Hall. Mrs Hilton
went through second marriage Ger
emonv with Police officer GItoH-
other suits were instituted by AIRS.
Hilton, NEST Of them against the eX-
ecutors OF the Park estate. TO secure
Ter doWerag &c. When the Park estate
was prObated Mrs. Hilton puJ in her
CAIN and that resulted IN further legal
Proceedings.
I-pCn the strength Of the supreme
court decision commission was an
pointed To appraise the Park estate and
so divide ID. without TssortlnE 10 "A pub
]ic sale. whereby AIRS Hilton could re-
Ceive an equitable Third
sues For Other Property.
1t followed the directions given IT
by abe court and made it's report 10
Judge Hall He allowed considerable
time 20 cIaus, AIrs Hilton was anX-.
iuIe ro receive q title 10 the property
ana secured q writ of maudamus from
The suurene count 10 compel the Judge
10 enter the judgment giving her a title
ID her beverage. That Judgment was
banded down yesterday by Judge Hail
in the probate division.
In tine meantime Mrs. Hilton had
brought suit against MI McCoTnick
and others for a third interest in the
property which Dr. Park had disposed
of during bis lifetime, and after his
sealing to her on Dec. >. 1872. The deeds
do NOS contain her signature as wife,
rs the supreme court decided she was.
The frs; case brought along those
lines was that gainst Nr. Mccormick.
.1-.r- -Ts .lr.rHs i'm
favor OF the banker. The decision, in
fun Is as follows,
Decision of Judge Hall,
Tn the district court in and for ING
Third judicial district county Of salt
10 STATE of Utah Annie r. a. Hilton.
plaintiff rs. IS. :. Mccormick, defendant.
Decision.
trial and was tried before the court with
oar = illr-,- " Y Jones appearing - at
torucy for the plaintiff and stewart n
Stewart appearing as ilti ofAeS l9t tiie
defendant Al and singular the evidence
and proofs having Been aocuced uy tne
respective parties. and the arguments OF
the respective attorneys having been
made, The case was submitted 10 ana
taken under adviscment by the court. Tie
court having fully considered the cyl
dcucs and proofs now delivers the follow
me decisive fact IN this action is: Was
John r Park deceased. and the pialuuif
married on the 9Th DAY OF December. lsaz-
i find from the evidence that on said 5th
dzv Of Dscsmber. 1872. Daniel r. Wells.
John r. Park and the plaintiff and al Of
the Witnesses except the defendant Nc
Cornick. were members OF the Chulcn Of
Jesus Christ of L8tter-dav Saints. COM
monty called The Mormon church. and
resided ~ Salt Lake City. Utah.
Sealed by Church High Priest.
Daniel IL Wells Was q high priest. q
member Of the firsJ presideney - the
church and a counselor 10 Brigham
YOUNG. the president of the church. that
fs- the doctrines. coeetlauts and Ofoi-
uauces OF tho church the said Wells, as
such high priest, was authorized 20 per