The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-04-20
Woman Loses in All of the Nine
Cases Taken Up on
Appeal.
OPINIONS HANDED DOWN
BY SUPREME TRIBUNAL
Cannot Recover Dover on Prom.
erty Sold Before Death
of DR.. Park.

BY two opinions handed down by the
supreme court o fthe state on Tues
day Mrs. Annie r. A. Hilton loses her
DOVER right in property owned by the
late DIR. John K. Park and conveyed by
him TO other PARTIES prior to his death
Mrs. Hilton entered into n Celestial mar
riage' under the rites Of the Mormon
church with DR.. Park while supposedly
on her death bed. She afterwards re-
covered and with Dr. Park signed an
agreement OF divorce according to the
practice of the church. After DR.. Parks
death she fled IN action against The
executors of his estate claiming an in
terest In the same his legal widow.
Ihls case was carried 10 the supreme
court and III its opinion Ii was held that
the celestial marriage was a marriage
for time as well as eternity and that she
was the legal widow of DIR. Park and.
as such, entitled 20 her dover interest
In his estate. In that case IL was hello
that the church divorce was not a lega!
one.
Later Mrs Hilton brought an action
against nine different persons who haG
purchased property from Or, Park dur
ing his life time to recover her dover
interest in the property so conveyed anc
Judge c. W. Morse. OF the district court
rendered DEGREES In her favor in eight
out OF the nine cases In the ninth case
he decided against her for the reason
that she introduced competent evil
dcnce 10 prove her marriage to DIR, Park.
In eight OF these cases the supreme
court holds that she is estoppcd from
claiming any interest in the property
conveyed because OF her conduct In en-
terlng into the divorce agreement with
present husband. William Hilton, in join
ing conveyances with Hilton as his wife
and otherwise holding him out as her
husband.
Concerning Marriage.
The facts connected with Mrs. Hiitons
vciHcl,. known nd ha
her cases perhaps the most celebrated
ones in the recent history OF litigation
ton, who was then Miss Annie F. Arm
tage. was married 10 DR.. Park under
what. is known as the celestial mar
ihE beh %as ea ed o f by MORMON the Mormon
church officials to be a marriage for
eternity only Miss Armitage was sup
bed and it was the belief that married
woman had a better standing IN the
hereafter than an unmarried one.
She recovered from her illness ana on
from the Mormon church authorities
which was signed by Miss Arm!tage and
liam Hilton and bore him ten children.
Dr. Park died on September 80. 1900 leav-
Ing quite a large estate. For years he
had been very prominent in educational
circles OF the territory aud state, having
been president of the University of Dcs-
cret and at the time of his death he was
state superintendent OF public instruc-
ton,
After Or Parks death Mrs. Hilton
claimed her dover rights in his estate
and the supreme court upheld her con-
tention. Snc thereby secured a large por-
tion or his estate. She then commenced
actions against persons who had Pur-
chased property from Or. Park IN his life-
time to recover her dover interest In
property purchased by them.
Nine Actions Begun.
act{oDS yerc bv her
against the following defendants: Robert
W. Sloan and others. Adolph M. Anderson
and others. Fred Stanffeg ins and \, otherT: h,di.
and othors. Salt Lake City, Mae G
Beamer. Elizabeth Geohegan and Gideon
Snyder and wife.
rendered decisions In favor OF Mrs. Hilton.
giving her a dover interest In property
valued at about $4,000, In the Gideon
Snyder case the court decided against
her on the ground that she did not in
troduce competent evidence 10 prove her
marriage to DR.. Park; The supreme
court revcrses the decisions III the eight
cases and affirns the decision In tho
Snyder case and Mrs. Hilton thereby
loses her dover interest in All or ths
Gated at tho head OF State street and has
greatly increased in value since DE- esrh
sold # To the various purchasers MADE
parties To the actions.
The opinions of the supreme court
were written hy Justice Fnct end cor
CURED In by Justice McCarty and DIS
trct Judge r. n. Lewis. who sat IN me
place of C'hicf Justice d. n. Straup. who
was disqualified by reason o! his connec-
ton as counsel in the first case proughG
by Mrs. Hilton against The executors OF
the Park estate TO establish her rights
as his widow
Gist of Opinion.
In The eight cases which were decided
together, the court holds that III so Jar
as the marriage relation between Ut
II d. IL. a,n1 HILTON
cerned the decisions IN the cases OF
Hilton VS. Roylance and Hilton VS.. stew
art would be followed, and hence tna5 5
TO the question of estoppel, the court IN
substance holds that while tho so-caiied
church dlyorcs was s,o tInp th,potsuJ batween Dr.
Park aud Miss Armitage (Mrs, Htlton),
vet in the agreement entered INTO pc
called q church divorce. Mrs. Hilton; IN
effect, said TO DIR. Park; You may deal
with your property as your own; You
may represent yourself as a single man;
and YOU may deal with all the world
upon that basis" The court further
holds that In entering into uSrriaSe
with Mrs Hilton subsequent TO the so.
called church divorce, Mrs. Hilton acted
upon and affirmed the foregoing agree
mont that the parties 10 the eight 3e-
ticns. or their grantors. who dealt wltD
Dr Park, and who relied upon his rep
that he was a single man.
ut the time the conveyanCes were haus
(and therefore did not ask for nor get
the signature Of wife 10 their de-ds)
and who purchased tho property In ducs-
tIon In the eight actions, could invoke
nn eauitablc cstoppcl as against Mrs.
Hilton upon the ground that by her
conduct In entering into the so-caled
divorce agreement. In marrying Mr.. lill-
ION. In Joining i'll conVcyances with Hill
ton as his wife. in holding him out as
her husband for almost generation and
I'm assuming his name. she was. aa
against the innocent purchasers from DR..
Park, estopped from now saying that
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