Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-02-13
NOT ENTITLED TO PROPERTY.
r,s,rlv Evident the Sealing Ceremony
Did Not Make Her the Wife Of the
Well Known Educator
ADMITTED HER NON. MARRIAGE
decision Comes as the Result of Trial
Of th. Case of Annie F, A. Hilton
Us. ". s. Mccormick.

In q decision hdhucu INV" ", '"NbV
~ C. Hall today in the case Of Annie
A Hilton vs. w. S. Mccormick, 1t
IA held that Mrs. Hilton was never the
lawful wife of DR.. John II. Park, de-
ceased, and hence is not entitled to any
norton OF the property described in the
complaint which was transferred by
DR., Park to the grantoY Of Mr.. McCor-
nick The decision Is In accordance
with Judge Halls former decision in
the Hilton.P Park case, which was re-
yersed by the supreme court, that court
differing with Judge Hall as TO the
legality Of the alleged sealing ceremo'
ny" between DR.. Park and Mrs, Hill
ton.
Afer the supreme court decided that
Mrs, Hilton was the lawful widow Of
DR.. Park, and as such was entitled to
one.third interest In his estate, she
brought suit against the defendant In
this action to recover a one-third in
,erest In parts OF lots 6, and s, block
q plat j.. Salt Lake City survey, which
was sold by Or. Park TO third party
and BY him transferred to Mr.. McCOr-
nick Judge Hall In the following de-
elsIon found that plaintiff has no inter-
est whatever In the property In ques-
ton and qulets defendants title to the
same.
THE COURTS FINDING.
In the district court in and for the
Third judicial district, county Of salt
Lake, state Of Utah. Annie +. 4, Hill
ton, plaintiff, VS. w. s, Mccormick, de-
fendant. Decision.
The above entitled action came on
for trial and was tried before the court
without jury; n. V. Jones appearing
as attorney for the plaintiff and Stew
art q Stewart appearing as attorneys
for the defendant, All and singular
the evidence and proofs having been
adduCed by the respective parties and
the arguments of the respective attor-
neys having been made, the case was
submitted to and taken under advise
ment by the court. The court having
fully considered the evidence and proofs
now delivers the following decision:
The decisive fact in this action Is:
Was John r. Park, deceased, and the
plantiff married on the 9th day of De-
oember, 1872? | find from the evidence.
that on said 9TH day OF December. 1872,
Daniel H. Wells, John r, Park and the
plaIntlft and all of the witnesses ex-
oept the defendant Mccormick, were
members Of the Church Of Jesus Christ
OF Latter-day Saints, commonly called
the Mormon Church, and resided at
Salt Lake City, Utah.
Danel II. Wells, was a High Priest,
member OF the First Presidency of
the Church and counselor to Brigham
Young the president Of the Church,
That by the doctrines, covenants and
ordinances Of the Church the said
Wells, as such High Priest, was au'
thor2ed to perform marriages and
teallngs between members Of the
Church,
PLAINTIFFS MAIDEN NAME,
At this date the plaintiffs maiden
name was Annie +, Armitage, She
was about eighteen years of age, UNI
married, and resided with one OF the
families of President Young Ac-
cOrdlng TO her own testimony
she was possessed OF the proper quail.
tcations to enter into the marriage
relation, John H. Park was about 40
years OF age and q bachelor. lie was
not society man, In the ordinary ac-
ceplaton Of that term but devoted his
time and means L. educational matters.
and at the time of his death was SUI
pcn@ndent Of public instruction for
the state,
Tho acquaintance between Mr. Park
Qnd the plaintiff began several years
prior TO the said 9th day OF December,
ls2, but the social relations between
them WAS friendly and no more. lie
never courted or professed love for or
asked her 20 be his Wife, nor does tho
evidence show that the plaintiff enter
tlned any closer relation TO Mr., Park
than that OF friend,
Mr. pENRosEE TESTIMONY.
From the testimony Of Mr., c. w. PEN
rose | ind that he Is and for many
years last past has been n High Priest
IN lne Mormon Church, and also the
edlior OF the Deseret News, the official
onr,Ban and newspaper Of the Church.
Ihat he Is well acquainted with and
KNOWS the doctrines, ordinances. cove
hants ana ceremonies OF the Mormon"
Church, relating to marriages and seal.
ihgs His testimony establishes the
rect that on the 5th day of said De-
cemoer there were, according to such
doctrines, covenants, ordinances and
ceremonies, the following kinds of mar.
tlags,s and sealings solemnzed and GER
Tilted, viz.
Marriage Tor time.
The marriage and sealing for both
llne and eternity,
d-The marriage or sealing for eternl.
ty only,
That a divorce from the marriage FOR
Ulne M the first and second classes
could only be granted by a court OF
competent Jurisdiction, hut as 10 the
marriage or sealing for eternity only I'm
we lhlrd class, according TO the doe
ulhes ordinances and customs Of the
ohurch, ls that the relation between
lne man and the woman no sealed or
married may be dissolved and the par.
yes freed from the obligations thereof
ny the man giving to the woman a bill
VI divorce, commonly known and called
church divorce. That q sealing or