The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1908-10-21
Plaintiffs Seek to Ree.,.
Share in Profits of the
Salt Palace.
COURT IS PETITT0NED tn
APPOINT A COMMISSIOy
Cost of improvements at
Resort Scheduled at
$4,000.

Seven heirs of the estate Of r
Walker brought suit against Freds,1
Heath, in the Third district court h
day to recover their share (ouc.tbI
Of the rents and profits of the \
Palace from May S, 1899. alleged /,
due them under an agreement be,.
that date. They also ask Ia h.
clared the joint owners Of one.,h;,,
the Salt Palace building, the biz,
track and the vaudeville thea,e,
The court is asked TO appoint a j.
missioner 10 take n full accounti,,
the rents and profits received nv
plaintiffs and defendant. respects
from the date Of the agreement =.
October /, and judgment for the ~.
liffs is asked for any amount rees;,'
by the defendant In excess Of n
thirds Of the whole amount receiysa
both plaintiffs and defendant.
The complaint recitcs that Ma,
1899, 7. r. Walker was tho owns,
fee of lot Il, block %, fiys,-
plat 4. Big Field survey. and b
Heath was the owner, in fee Of rseo|
of lots 10 and Is, situated in the sm
block, plat and survey On Nav
1890, Walker and Heath exccutsa
lease on this property to tine Utah al
Palace association for term AZ IN,
years. at a rental OF 800 a year. II
association was not 10 sublet the ufe'
| ises without the consent of Walker +,
Heath, and at the expiration Of T
lease all improvements made upon
| premises were TO revert to Heath +
Walker.
Agreement Set Out.
IT was mutually agreed bstvI
| Heath and Walker, it is further set :
that at the expiration of the h
| Heath was to come into the owner|
of an undivided two-thrds Of
buildings and other improvements b
upon the premises by the associa!|
| one-third. 1t was also provided that
of the buildings aud improveu1
should remain upon the premises
five years after the expiration Of
| lease. unless otherwise mutually aa|
| between Heath and Walker. each u .
his pro rata share of the taxes. III
further agreed that Walker was d
declared the owner Of lot II and B
the owner of lots l2 and 49, WI
died January 6, 1901, year befort|
expiration of the lease to The u
Salt Palace association. Under
lease the association erected ths
Palace building. the bicycle track
the vaudeville theater, IN which
heirs claim q one-third interest: 4
additional small buildings used iu
fices and the like.
Prior to April 3. 1901. the Utah
Palace association s lease passed "a
Salt Palace Exposition company. 4
the agreement that the Walker g
! md Heath should spend IN the n
! borhood of $4,000 in fixing up The
! Palace, the bicycle track and 10 q
improvements by which, II is cla1
the plaintiffs came into an uDdlv
one-third interest In this propcrty
Heath Executes Lease.
On November "a, 1905. Heat.
set out. executed n lease of the on
to Solomon Nelson and John Halv
embracing all the property, fo
months for $1,000. This lease "
executed for the same consldenu
covering the period from May
to December 81, this year. it is run
alleged. The plaintiffs, it is 81
received none of this money.
claiming right to all the personal
erty TO the value of $500 and 2
premises and the buildings an
provements OF them, TO the exelua-
the plaintiffs.
BY leasing the buildings wlthoal
sulting tho plaintiffs, it is ~
Heath has made ii impractleao's
the plaintiffs to lease any OF The
or improvements thereon att
price. The cost of the buIldinr
placed at $4,000. The complaint
that the Salt Palace building
vaudeville theater and the bs
track be sold at public auction ana|
| proceeds apportioned one"thlrd
! plaintiffs and two-thirds to the os
ant.
The plaintiffs are J. r. Wslksf
Mary A. Chceseman, c. a: WalSs
r. Walker. and Winnifred 5. f
guardian Of the person and estate
/ berta S. Walker, a minor. IN