The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-01-15
MANY DEEDS, ALL
IN THE FAMILY
Transfers in the SchettIer Case
Are Related.
TOLD IN AMENDED COMPLAINT
NUMEROUS LETTERS ARE RE
CEIVED FROM DEPoSIToRS.

The wheels Of the law in the Schet-
tier case were given u few more whirls
yesterday, and as a result amended
complaints in the civil suits in equity
were filed in the county clerks Office
late in the day by zane * Stringfei-
low. attorneys for the plaintiff, Re
ceiver r. r. Anderson. against Ernest
F. SchettIer and Emily Davis Schettler,
his wife and b. II. Schettler, q. Her
man Schettler, Cornelius D. Schettler
and Florence A SchettleT, his wife.
and Mary Schettler. wife of Is. H
Schettler. Service was made on and
accepted by Senator ] l. Rawlius and
w. w. Ray. counsel for the defendants
The amended complaint, of which Il
copy follows, charges the defendants
with having conveyed certain pieces or
real estate back and forth without any
adequate consideration. and prayS JhaJ
the property mentioned in the various
deeds may be subjected to the payment
ot the indebtedness of the insolvent
banker. and asks for such other and
further relief as to the court may seem
equitable and TO equity appertains.
Text of the Complaint.
It is possible that an early DISPOSE
tion of the case may be made, though
many legal questions must be consid-
cred before the complaint may find a
hearing in court. The following IS d
COPY of the complaint:
First-The plaintiff complains of SAID
defendants and alleges; That heretofore
towit: On the 18th day of October. 1904
h was duly appointed by the Third dis
trict court in and for said county and
state. receiver Of the property. chooses IN
action. and effects of 3. H Schettler'
Second-That said defendant. &. Il
Schettler. was conducting private bank
ing business from Feb. 10. 1892. until OCT.
10 1904 consisting of receiving savings
deposits and. commercial deposits. and
loaning the same, and doing a general
banking business.
Third-That plaintiff on the 18th day
Of October. 1904. took the proper oath as
receiver and gave the bond required by
law and by the court. and took possession
OF all the property chooses IN acIlon-
rights credits. and assets Of the said b.
n SchettIer. banker as aforesaid. so far
plaintiff could then ascertain: and on
and filed in said court written report
and statement OF the financial condition,
including the property. both real and per
EOnal. moneys, chooses in action, and Ell
feCts of said b H Schettler- private
banker as aforesaid. so far as he was able
to discover the same at the date of filing
the same. and also of the indebtedness
Of said B. II SChettler, private banker,
for deposits Liabilities ana OIner ue-
mands; that al of the property, choseS IN
action. and effects OF said +. n. Schettler.
banker as aforesaid. being Of about the
value Of So ,00F .0e. and the Indebtedness Of
said B. II Scheuler. as private banker.
amounts to about SlO7.00o.00
Fourth-That said property. chooses in
action, and effects will not be sufficient
10 paw the Indebtedness of said Z. II.
Schettler. private banker as aforesaid.
without also subjecting to the payment
thereof the real estate hereinafter de-
scribed i'm this complaint and all the real
estate Of said y. H. Schettler. with all
the assets aforesaid Of said Z. II. Schet-
tier. private banker. viii not be sufficient
by p large sum Of money. towit: Sle.N0Co.
10 pay all the indebtedness Of said b II.
Schettler. as private banker aforesaid
Property Is Transferred.
Fifth-PIaintiff further alleges that on
the 18th of March. 1897, 3. II. Schettler,
private banker as aforesaid and Mary
Schettler. his wife executed and delivered
to Ernest r. SChettleT warranty deed
TO the east half Of lot one % in block six
ty-ninc (6sl. plat D, salt Lake City sur
vey i'm salt Lake county and State of
Utah, containing fifty t501 square rods
said deed had simply dover interest
and no other. and that =. IT. SChettler
was Ihe owner or SAID hat lot; that no
consideration passed from said grantee.
Ernest T. SChettler. or from any other
person Ton him 20 said 3 r. Schettler. or
Mary Schettlcr. his wife. or either of
them. The said deed was a voluntary
conveyance simply. and acknowledged by
said crantors on March L.. 1897. and filed
for record the same day That at the
date OF said conveyance and delivery, the
said r. H. Schettler as private banker
aforesaid. was iusolveuJ- and had been in
solvent for two years. and from thence
hitherto has been InsolveUt. That q con-
siderable proportion Of the Indebtedness
now existing against said =. n. --,...,.,,.-...
private banker. as aforesaid. amounting
TO about S2e.@a"'. and being more than
the value OF tho real estate above de-
scribed had been incurred before ana
did exist at the time Of the execution
and delivery OF said deed 20 said Ernest
+ Schettler- and that the said b IT
SchettleT. private banker as aforesaid
did not reserve sufficient proDertv and as
sets. by a large sum. tovit. $1,000. o.. 10
pay said Indebtedness. and that said cred
itors of said r. r. SScheJtlcr relied gpou
was in said r. TT. SchettIer. ~ appeared
from the public records. and that ne was
aforesaid. when they gavc him credit re-
specuNeIN- That from 1872 up To and in
EIudlnE lnf'- the said real estate above
described was assessed i'm the name Of
and as the property of p. II. Schcttlcr
and taxes paid by him: and the title and
ownership o. the said real estate appeared
upor the public records of said Salt T.a5c
City and county iu him from Dec D. IsfS
~ 10 March j.. 1897. and plaintiff ALLEGES
that IL would work a hardship and a xr6nl,
upon said creditors not TO subject said real
estate 10 the payment of the debts Of said
deSfTipcd IS OF the value of a bout 81 O0a a.
Other Property Signed Over
,ss SiNt H. hat, on the 5tI day of October.
cuted. acknov lodged and tjeiiLered N'.5 ?,
power OF attorney 10 said r. H. SchettIer.
empowering and authorizing him, for said
Ernest F Schetuer, in his name TO make
seal and deliver, bargain sell. reIaise re-
leaSe ana convey the lands and tenements
OF the said Ernest r. Schettfer under
such terms and conditions and covenants
the said 3 H Schettler might think
power OF attorney, executed on the nth
day Of April. 1850. and Acknowledged and
delivered April IA. 1900. A warranty
deed to G. II. Schettler. son OF said B. II
Schettler- one or said defendants. to the
following described property. to-wit.
Commencing ut the northeast corner of
Tot one ID. block siXty-nine (6g). plat ID
salt Lake City survey. in Salt Lake coun-
u and state OF Utah, and running thence
south three 90 rods. thence west five t5)
rods. thence north three 30 rods thence
east five 90 rods to place OF beginning
ana also a right-Of-way one rod wide bv
five rods and west adjoining Tho
above described land along the south side
situated in Salt Lake City in Salt Lake
county. and state Of Utah That no CON
sideratiOn passed at any time from said
G. y. Schettler Ia Said g. H. Schettler
and HIS wife. Mary Schettier or to either
Of them. for said conveyance. or to or for
Ernest Fl Schettlcr. or otherwise and
the same was simply voluntary convey
ance. That while 500 was mentioned in
said deed as the consideration. the same
was merely colorado and had no existence
In fact. ana while dwelling house was
erected on said last described premises
the cost of constructing the same was
furnished by said =. H. SchettIor private
banker as aforesaid. TO about $500 wfthOut
any consideration from said G. II Scbet-
tier ana the remainder thereof BY the
United States Mortgage q Trust conDanv
70 the amount Of 81 200 and a mortgage
given on said premises April Il 1900