The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-04-05

court SUSTAINS
NOMAN'S CAUSE
Supreme Tribunal Believes
Mrs. Chadwick Was
"FIimfIanlmed."
LAND ORDERED RETURNED
HARLAN LooFBOuROW WINS
AGAINST STREET RAILWAY.

The supreme court yesterday hanoed
down en- opinion in which the decision
Of Judse Booth of the Fourth district
is reversed in the case Of Mrs. Asenath
Chadwick against John Il. Arnold ond
A. c. Emert. and the plaintiff given
chance to redeem property valued at
$4,000 out of which she claimed she
was "fim-hammed' by reason of i'm
posing too much confidence in the de-
PENDANT Arnold.
On Sept. "a, 1890 Mrs Chadwick gave
mortgage of the property TO Eliza
Arnold. wife of John II. Arnold. to Sc
cure a promissory note for 81 200. Ar
noid ana his wife did not live 9armo-
niously. and the testimony showed that
for three or four years prior 10 June.
1903. Arnold lived at Mrs. Chadwick's
place, as she said, throughout the day
and ate his meals there most of the
time" 1t seems that they We're very
friendly. and had business transactions
with each other. When the mortgage
became due Arnold told Mrs. Chadwick
that he could make deal with Mrs.
Arnold to buy the mortgage by trading
his farm where his wife lived for the
mortgage and some cattle owned by his
wife.
Wanted s2,5oo Judgment.
He wanted Mrs. Chadwick, in consid-
Grafton OF this, to pay him $1,000 so he
would come out even on the deal, and
lie would bid her farm in at the mort
gage sale and give her the deed for IL.
Arnold then secured an assignment of
the mortgage, but in the meantime
suit had been brought to fOreclose the
mortgage, and Arnold had himself sub
stituted as a party plaintiff, and told
Mrs Chadwick that she need not ap-
pear in the foreclosure action. He also
told her again that he would deed the
property back to her and that she
could have a year or two in which 10
pay the 81. 500
Mrs. Chadwick EVicted.
The property was sold al the fore
closure sale for s5.1OO, Arnold making
the purchase. This was in January,
1904. Instead of keeping his word,
however. Arnold in August, 1905, sold
The property to, Emert for $3.50, and
Mrs. Chadwick was eviCted.
The supreme court holds that the
property should be held in trust for
her by Arnold and Emert, who when
he purchased had full knowledge of the
previous transactions, and that she be
given six months time in which to re-
deem Ii Tor S3,5DU. less tIle AMOUNTS size
has already paid, amounting to about
81 900, and other credits which she has
secured by reason of her dealings with
Arnold.
Opinions by Two Justices.
The opinion is written by Justice
Straup, and is concurred in by Justice
Prick and Chief Justice McCarty. JUS
tice Prick writes an additional opinion,
in which he takes exception 10 some
of the statements in the opinion prop
er, although concurring in the general
findings.
Lower Court Sustained.
The court also handed down an Opin-
ION In the case of Harlan Loofbourow.
respondent, against the Utah Light &
Railway company, appellant In the
case Loofbourow secured $500 dam
ages from a Jury in the district court
for injuries received in a street car ac-
cident The opinion has to deal with
the admissibility of certain evidence,
and IL finds in every instance in favor
of the plaintiff and the jury's verdict
Is affirmed. This is the second time
the case has been before the court. AT
the first trial a jury awarded damages.
but the supreme court ordered another
trial. The second trial resulted In IA
yor of Loofbourow again, and the su-
preme court this time found for him
also. Justice Prick wrote the opinion,
and il is concurred in by the other JUS
tees.