Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-09-30

| II seems to ripen, however, into what
was recognized there as some sort Of
| right, and Mr., Birdsall, the father Of
| Cora, made an entry. He relinquished
finally IN facor Of his daughter Cora,
| who was a single and unmarried Voc
| man Of the proper age to make an
| entry and she filed a homestead entry
| upon the land There was some dis
| pute, as II appears, between Cora and
! the defendant Mr.. Leayitt which, af-
! ter she had proved up, grew TO such an
extent that Mr.. Leavitt determined to
| settle that dispute by taking It into the
| Church courts. il must be remembered,
| however, that Mr., Leavitt was not at
| that time nor at any time since, a mem
| Der of the Mormon Church. but was
| nom mcmber. The defendant Leavitt
| finally prefers "A charge against Cora
| I'm the Bishops court Of the Monroe
| ward, charging her with un-Christian-
| Ike conduct, and as the complaint that
| was filed I'm the Bishops court has
| been introduced as evidence In this
case by the plaintiff ] shall refer to
| II, as II becomes A part Of the record
| IN this case, and A part OF the eyi.
dence In that complaint Mr. Lea
witt claims sixty acres Of meadow and
pasture land. Claims that he bought
| II Of Frank w. Farnsworth and that
| It was In the Brdsall entry known as
| the Jericho pasture, for which he al.
leges that he had paid out money and
| he also claims that he had fenced and
improved II, and possessed a large part
of the land from 1883 to 1856 and sets
| out that by reason Of Cora's action he
has been damaged TO the amount OF
$500 by being deprived Of the use Of the
land. He, therefore, asks that the
Bishops court adjudcate the matter
between them and deal out such equit-
les In the case as they see IT.
r,,,rDr>-,, tgot,,e
- 'Di''' '"''' ''''
Later on the issues between them
were Joined In the Bishops court the
evidence was taken. and the Bishops
court decided that Miss Cora Birdsall
was IN effect guilty Of un-Chrlstianlike
conduct. and that she should turn over
to Mr.. Leayltt the land I'm dispute be-
tween them, or that she would be han
died in the Church for her fellowship,
Miss Birdsall not being satisfied with
the Bishops decision appealed tho case
10 .,c ls y, 1 ,,, i OF re sever S' ,1
before mai body The High Connri
sustained the decision ~ INC Blshop's
court ana beld than cor, RbdsaU I'm
effect was rullfy ~ uu-Cbrisflonlilte
conduct towards Air T.oayIti and sbe
was duly notified of The decision. She
pressed her sui. IN both Of these courts
il appears from the evidence. quite
vigorously. and she was still dissatis-
fe1 ana sought IN reverse Tho decision
nf the Hill CounciI by taking an an
neal from the High Council 10 the FIRST
Presidency of the church of Jesus
christ az T..tior.dav saints Tho case
was reviewed nv thom ana loier an sbo
was mortified by 1oseph f. Smith. John
II. Winder and Anthon H. Lund who
consfituto fine First Presidency of the
Churrh OF Jesus CHRIST Of I.atter-dav
saints mat the decision of the High
Council and that of the Bishop's colTt
had been sustained ana that there was
no reason for her 10 refuse TO obey tho
decision of The Bishop's court. Thai de-
clsion Was IN the eff6ei that sho should
decd INTO James p, Leavitt the north
Oest a. acres of the southeast fourth
Of section / township % south range
4 west Salt Lake meridian. which is The
land in disnnte bnre
WOMAN EAtOMM | NlCAIED,
That, I take il, is the history OF this
case SO far as the Church courts have
been concerned, except that on June 10.
1908. Cora Birdsull WAS cxcommunicut-
I'd from the Church Of Jesus Christ Of
Latter-day Saints for failure to COM
ply with the decision OF the First Pres
idpucy Of the Church In the case refer
red to-
Later on thlnE the lltn day OF June,
decd. conveying the land IN controversy
TO James f.. Leayitl The deed was de-
lIverod 10 James f. Lcavitt by the sis
ter of Cora BudsaIl. and 800 I'm cash
was paid by the defendant in this case
in accordance with the decision Of the
Church court heretofore referred to. as
IL was decided that upon delivery of
the deed to the land IN question by Miss
Cora Brdsall MI Leavltt should pay TO
her 500 The 800 was paid by Mr.
Leeyitt .,..., 49,.
this took Mace, and on the Bird day of
August 1905. Miss Birdsal was declar-
ed 10 be- insane by this court. and was
sent to the state Mental hospital at
Provo. In this state, for treatment, and
H. there at this time. Isaac BlrdsaI,
who rs her legal representative, brings
this action and asks this court to de-
clare the deed referred to void, md
that she recover the premises I'm aues-
ton, and that the defendant be required
10 render an accounting TO the court
and the plalutlU Tor the rents, issues
nnd profits OF said property, while in
their posses sion, and the cost OF suit
and such other relief as 10 the court
seems Just and equitable
run, ,n,,pt ,,>-r
M oOHl LAIN -
The complaint sets out that al the
time tho deed was executed Cora Bird
san was wholly incompetent and inca
FACILITATED to care for herself or property
and that fact was at all times therein
mentioned well known 10 the defendant
and that Notwithstanding said knowl-