THE SUPREML COURT 1 1r An Affirmation and Reversal Handed Hand-ed Down Yesterday i TWO YEARS FOR MAYHEM TEAT IS THE SENTENCE OF MHESTBY SCOTT COLORED Beplevin Proceedings to Eecover Possession Pos-session of a Law Book Jury In the HeeschDavies Litigation to Eeturn a Sealed Verdict This Morning Suit For Salary The supreme court has affirmed the judgment of the lower court In theca the-ca e of D P Tarpeyv appellant vs Andrew JIadsen The aclion was brought to quiet the title andto recover the possession oC the southwest quarter of section 29 township 1 north range 2 west of Salt iake meridian The plaintiff claimed title by virtue of a deed of conveyance by the Central Pacific Railroad company com-pany to him and a grant of the United States to that company It appeared that one iloronl Obey settled upon the land in dispute in 1868 intending to claim a preemption right to it but he neglected to make known his claim in writing to the register of the land office until May 1869 because the register did not open ills office until un-til that time and Aladsen claimed it under the title acquired by Olney The supreme court held that the land was subject to entry by the ton t-on June 20 189C and that the patent obtained on Aug 21 1S98 passed the title to him The judgment of the lower court was therefore affirmed The opinion was written by Chief Justice Jus-tice Zane and concurred in by Tustice Bartch and District Judge Hiles WHO OWNS THE BOOK Seplevin Proceedings to Eecover a a Law Book II I I Somewhat amusing proceedings in replevin were yesterday instituted on I behalf of James H Bacon and the I St Anthony Union Canal company I against Judge Dey for the recovery of a volume I of the revised statutes of I Idaho of 1SS7 The volume in question ques-tion the plaintiffs alleged was in the office of the Bank of Salt Lake at the time the barl failed and went into the hands of an assignee and subsequently subse-quently of receivers Judge Dey was of counsel for some of the parties in the suit to set aside the assignment and for the appointment of receivers and by some means the hook found its I way to Deys office II appears to have been a highly prized volume by Mr I Bacon who when Its loss was discovered dis-covered made efforts to find it and J finally lorated it in the library of Judge Dey among the other books bearing I the name of the judge on the cover I and also on the fly leaf in the inside The name of the St Anthony Coal company appears also on the fly leaf although that is crossed out When the whereabouts of the precious I pre-cious volume was discovered Mr Bacon I Ba-con without further ceremony began I q replevin proceedings in Justice Mc Masters court through his attorney Jesse RJote and Constable West with due formality and solemnity seized the I book and turned it over to Mr Bacon It is now expected that Judge Dey trill rake proceedings to regain the volume vol-ume and there will probably follow a lively war to determine in whom the j legal title to the property is vested THIS ONE REVERSED Savings Loan Association vs Otis E Fowble et al In the case of the Peoples Building Loan Saving association vs Otis E Fowble et al the judgment of the trial court was reversed in an opinion wrItten by Justfce Bartch and concurred con-curred in by Chief Justice Zane and Justice Miner Fowble subscribed for 20 shares of stock of the loan association worth at maturity 100 a share He borrowed 3000 from the association and gave as security a trust deed on certain property prop-erty and the 30 shares of stock which were paid for by him in monthly Installments In-stallments Default was made in the payment of the installments iter a time and in Interest on the loan The association brought foreclosure proceedings pro-ceedings to recover the balanre due and obtained judgment for JliCO and cists and a decree of foreclosure The association refused to credit the defendants with the monthly installmEnts Install-ments paid which amounted to 51250 and the lower court in Its judgment decided that point in favor of the as sociatior and from that part of the Judgment the appeal was taken The supreme court now holds that the defendants are entitled to credit on the debt for the 51250 paid and remanded re-manded the case with directions to the court below to credit the defendants with that sum and to modify the Judgment accordingly and then pro > ceed to enforce the decree and satisfy I the judgment fI Suit For Salary i William F Smith yesterday filed a suit against the Troy Laundry Machinery Ma-chinery company limited of Chicago to recover 370 alleged to be due for wages The defendant company it is alleged sent Mr Smith here to superintend Ii super-intend the running of the plant of the Domestic laundry which was supplied by the defendant company and plaintiff I plain-tiff claims the sum named is due him as balance of wages and he demands Judgment for the amount Attachment was levied upon whatever what-ever Interest the defendant company I has laundry in the machinery In the Domestic SCOTT SENTENCED Colored Man Gets Two Years For Mayhem McHenry Scojt tbe colored man who was found guilty by a Jury on Tuesday Tues-day of mayhem for cutting out the right eye of John O Gotthard with a razor was yesterday sentenced by Judge Norrell to two years Imprisonment Imprison-ment in the state prison The Jury in rendering their verdict recommended recommend-ed Scott to the mercy of the court Depositions Taken The depositions of Charles Waters and his wife were yesterday taken before be-fore Attorney Richard D Earls for use by the defendants in the case of Alice H KIgney by her curator Charles Lyons vs Hamilton De Graw et al The case W 1 a very Important one Involving In-volving a large tract of land in Kansas City and will be tried In the United I States circuit court in Missouri Attorney E Attor-ney J M Johnson of Kansas City Is r case here on behalf of defendants In the I Will Return Sealed Verdict The case of HJ B Davies assignee of the HeeschDavles company vs Nat M Brigham et al reached the jury late yesterday afternoon with instructions Instruc-tions to return a sealed verdict this morning t 1 j Court Callings f Judge lilIes will todaymake a setting set-ting of equity cases for trial at the September term of court There are L 11 1I Cf iI Iio p about 90 cases on the calendar All petit jurors In attendance In Judge Cherrys division of the district court were yesterday discharged and excused for the term Charlotte E Edwards trial on the charge of receiving stolen goods was not concluded last night when court adjourned So far 39 witnesses have been examined and the testimony is now nearing a close Thomas Cottier a native of the Isle I of Man now a resident of Salt Lake I was admitted to citizenship