The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-08-23
], H. KURTZ AGAIN
HOLDS POSSESSION
Is Running Ogden Sanitarium,
and Says There Is Con-
spiracy Against Him.
Spccial TO The Tribune.

Special to The Tribune.
OGDEN, Aug 22.-Upon the final de-
termination by tho courts whether a
sherin's deed shall operate as fee sim
nlc title 10 the Ogden Canyon Sanitarium
company or merely as redeemaoie
mortgage. depends the future manage
ment OF the bathing resort
II the courts eventually decide that the
deed delivered to the Pingree National
bank by Sheriff & 3. Wilson after the
sale of the property August l9, 1909, and
recently assigned to Brigham II. Robin ,
son by the bank after j. FL. kurtz mad
failed to make a payment OF So0uO pal
ouce due on promissory notes given 10
avor OF Robinson, then the latter Will
retain possession of the resort, over
which there has been so much ltlga-
lion in the past Should the courts,
however, decide that this deed OF the
iheriff under which Robinson claims pos
session. operates only as mortgage
which can be llqujdated by the payment
Of $500 by Kurtz, then the latter WI VIII
get possession. after paying up the pal-
incc due the notes given the PinGrce
oank.
With Brigham Robinson and his fol-
overs In absolute possession of the re-
sort at midnight Sunday. after stormy
day, during which the kurtz iaction
gained possession OF the bath concessions
Tor II time, this afternoon witnessed an
other radical change when H. hurt@
took possession of the place following the
filing OF a complaint and bond for $500
In the district court; The BOND pclhe
approved by District Judge Howell. Dep,
lty Sheriff John Murphy acquainted
aoninson OF the courts action and the
after turned over the place to kurtz
and his employees, The order OF the
court is returnable next saturday, at
which time further action Will be taken
toward an ultimate settlement or the ad-
verse claims 10 the sanitarium prop
erty.
Robinson and Kurtz have been In pos
session Of the resort several times. both
by force and court orders. In the com
plant filed in the district court this
afternoon by Kurtg's attorneys, after re-
viewing the legal proceedings covering the
property in dispute since the time Is was
sold in February, 1909, the complaint De
clarcs that a certificate OF sale was
llurtz. by the sheriff. Immediately after
ward Nurtz applied to the Pingree Ma
tional bank for loan of $500, deliver
ing his notes and assigning the certih.
cate of sale as security for the payment
Of The loan. On May q, 1910. accord
ing to the complaint, kurtz paid to the
Pingrcc bank $4,000 on the loan, leaving
a balance OF $1,000 still due.
on July IS. when Kurtz called at the
bank 10 arrange FOR the payment OF the
balance and a release OF the mortgage
security he was informed by James PIN
gree. the president. that all OF the lat
ters claim had been assigned TO Brig
ham Robinson. kurtz AYERS that Robin
son and Pingrce are in a conspiracy 10
defraud him of thc property, and the
courts permission is asked to redeem the
mortgage by the payment OF the balance
due, and should the court hold that the
time has elapsed when ISurtz can gain
possession OF the property in that man
ner. then judgment for S2S,300 against
James Pingree and Brigham Robinson
is demanded.
After reading the complaint. the court
issued an injunction against Robinson
from further Interfering with the prop
crty until after the hearing next Satur-
day A bond for $500 with w D Bios
ser and John F. Smith. was furnished
by kurtz when he took possession of the
place this afternoon.