The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-08-18

PROBATE COURT DEED TO
BRIGHAM YOUNG VOID
Improvement of Property for
Benefit of Citizens Will
Be Result.
Special to The Tribune,

| Special to The Tribune.
OGDEN, Aug. 17.-Judge ]. A. Howell
OF the Second District court today rem
dered decision In the case Of Patrick
| Healy and Adam Patterson against Og-
den City ct al, which is of the greatest
public Importance. The case has been
| pending for one or moro years, and was
| brought to restrain the city of Ogden
from leasing OF selling any portion OF
| City Hall square, on the ground that the
land had been secured and dedicated for
the use Of the city and the public for
| ever.
| The decision of the court Is In favor
OF that contention, and will result In the
| Improvement and beautifying of the va
cant corner. being the northwest corner
| OF the block on which the city hall stands
| and which has been q resort for merry
go-rounds, cheap cirouses and the like.
| and which Mayor Conroy and the Civic
| league desire 10 create into beautiful
| park.
The decision of Judge Howell reviews
| IN detail the various transfers Of the
property and it's ultimate acquisition by
Ogden City and It's dedication to the pub
lie forever. The record Of numerous par
tial transfers is presented as brought out
In evidence offered at the trial. as we'll
as the record testimony. One of the i'm
portant references In the decision is the
following:
Judge Howell's Decision.
II appears from the unoontradicted tcsti
mouy In this that from the year 1850 as
soon as those who had settled on this block
could remove their dwellings therofrom, tho
testimony showing that the last removal was
in 1860, up TO the year 1869, this block Was
regarded by tho city authorities az a public
square. In that year, indeed, there appears
upon the minutes OF the City Council the fol-
lowing entry, as recorded in book b, page sc:
Tho Mayor stated that q request had been
made by President Brigham Young TO tho
City Council TO present him tho public square
west of Birch's house, and TINT the right OF
Central railroad
ION motion it was resolved that tho
square, No; 1s, plat A, Ogden City, be pre-
the right OF way to the same be granted to
the Utah Central company" So that even
at that time the city authorities looked upon
this block ms public square and gave II
away with full knowledge that it was such
But not only does tho testimony show that
the city authorities conceived that this block
was public square, but tho testimony all
shows that 1t wus made use of by the In"
habitsnts OF tho city rs such. The court
further finds that the square was 10 much
recognized as public square that the people
cattlo on 1t to grass, visitors camped on it,
and, In fact, it was usod to all intents and
purposes as public common
Entertaining Testimony.
Among the other entertaining testi-
mOuy lHut CdulS out III Tue tTlal Oh inc
case was matter Of record In the Pro-
bate court OF Weber county, as fol-
lows;
Territory of Utah, county of Weber,
Probate court in md for said county, Decem.
Der term, 1869. Hon. f. D. Richards. Judge,
certificate OF ownership filed December IS,
1869. Record of statement of Gale number
2s5) land claims under townsite Inv, page
los. Be it known. that J. Brigham Young,
Sr., do hereby claim to be the rightful occu,
mt lup nj oyUuor pft fo11a A.
scrlbed tract or parcel OF land being situated
In said county, TO wit Block Is, plat A,
in the city OF Ogden and in the county and
Territory aforesaid, containing ten acres, and
ask so to be adjudged that / may become
possessed OF the Same in foo simple which
interest therein l hereby claim as OF right
not for the relief Of the inhabitants OF cities
and towns upon the public lands approved
March 2, 1867, and an act OF the Legislative
Assembly of the Territory of Utah entitled
An act prescribing rules and regulations for
the execution of tho relief of the inhabitants
OF cities ond towns upon the public lands
approved February IT, 1860.
BRIGHAM YOUNG.
Many Other Quotations.
There are numerous and sundry other
quotations from the records and the tes-
timony that exhibit the easy habits that
the church officials had of acquiring real
estate and other property in Utah dur
ing the palmy days of Brigham Young.
The court also finds that, when the Pro-
bate court Of Weber county awarded the
ownership Of the land In question to
Brigham Young. the court was without
Jurisdiction Summarizing, Judge Howell
finds:
First-That either in conformity with the
Federal statute or by virtue of the principles
OF the common law this northwest quarter of
dedicated TO public use by the city prior
TO the adjudication by the Probate court that
Brigham Young was tho owner OF said block
Sccond-rhat tho adjudication by the Pro.
bate court that Brigham Young was the own
or Of this block and the decd given by the
Mayor in ooniormnnco with such adjudica-
ham Young was not entitled to claim this
block; and. second, 1t was not within the
power of the Probate court to adjudicatc
any private individual entitled TO II. because
it Ind nlroady been dedicated to q public use.
Third-That tho plaintiffs being taxpayers
a,th0nsn am they are strangers 70 the title.
title to this block, for the reason that The
Probate court had no Jurisdiction of ,he
disposition Of this block. which had been
dedicated 20 a public use
Fourth-That theTe is no abandonment by
the city OF the dedication OK this po.uon OF
the block TO public Use.
Fifth-That tho city cannot rely upon the
fact that it remained in the adverse posses
sion OF Brigham Young for seven years for
TO do so would be 90 permit it to take advan-
tage OF its own wrong in allowing il to 90
into private ownership.
SiStl-That when the city repurchased tho
land from Brigham Young. it wns dedicnted
to public use.
Let findings of facts. conclusions of law
and docrec bo prepared in accordance here.
with, pcrpotually enjoining tho defendant city
from leasing or selling the northwest quarter
Of block I8, plat A, Ogden City survey, the
land in question herein, from devoting il
to any other than public use. August II,
1906.
All Of which means that this property,
regardless OF previous records, In which
1t was transferred to the head OF the
Mormon church, belongs exclusively to
the public and is TO be held for the |
public; and II also means that the de- |
sires of the best people of the town |
that the corner be improved and that |
II shall no longer be 4 garbage ground |
will be realized |