Show A compromise MADE RESULTING IX THE OF OF receiver dyer secures possession of over after the presentation and allowance of the accounts of commissioners corroll Nor roll hiles and bohnson Toh mr peters arose and read the following petition in the case of the united states of america vs the lato church of jesus christ of latter day saints et al the undersigner undersigned under signed frank H dyer receiver Hec eiver of the said defendant th late corporation of the church ol 01 jasus christ of latter day saints heretofore appointed in the above on titled suit respectfully and shows to the court that in pursuance of his appoint mont as such receiver and in obedience to the direction order and de decree of this court heretofore madi herein requiring him to collect ana take possession of all tho assorts and property of the late corporation he has succeeded in discovering and taking possession of various properties and lias in the prosecution 01 his baid duties ascertained that tin property hereinafter described both real and personal had been prior to tho ad day of march 1887 the property and in the possession of the latt corporation and that as he is informed and verily believes and is advised by his counsel who have been engaged in the investigation 01 the title thereof the whole of the said property was the property ana belonged to the said fate corporation at the time of the passage of the act of congress under which the entitled suit was instituted that ii was his duty in obedience to order and decree and as such receiver to institute suits and adopt all means to reduce the said property to his possession thai in pursuance oi his said duty and of such advice ot ins counsel in that behalf he did institute in the thard district court of utah and such receiver the following suits to wit L an action against angus M cannon for the purpose of obtaining a decree of the said court that certain conveyances of the real estate hereinafter described to the said defendant fen dant angus M Oa annon wore made for the use and benefit of the said late corporation and were a cloud upon the title of said land thai the same be decreed to be the property of the said late corporation and that the plaintiff as such receiver bo entitled to the possession thereof the property involved saad suit is described as follows to wit parts of lots two 2 and seven 7 in block eighty eight 88 plat A salt lake city survey and bounded as follows beginning al the southwest comer of said lot two 2 and running thence north 25 rods thence east nine 9 rods then south twelve and ono hali 11 rods thence west four 4 rods thence south twelve and one half 12 rods thence west five 5 rods to thac of beginning that the said defendant angud M cannon by his answer filed in said suit claims and alleges that hi was the owner of the said land prem aises and the said defendants in thi said suits of the united states against the late corporation and others at above entitled claimed to have solo the property TO the said angus 31 cannon and received in consideration tho num of IL your petitioner also began in the third district court another suil against horace S eldredge john C cutler the salt lake literary and scientific association a corporation and others defendants therein for the purpose of obtaining a decree oi said court that all of lot eight 8 in block seventy six 76 plat A salt city survey was tho property at the time of its oi the church of jesus christ of latter day saints and that your petitioner as such was entitled to the possession of the whole thereof that the defendants in the said suit of the united states above entitled claim and allege that divers portions of the said lot were sold and conveyed to different parties long prior to the ad of march 1807 for valuable considers con sidera tion and in good faith and the session of sach portions delivered to the purchasers thereof respectively they also claim and aver that other portions of said lot were sold in good faith and for valuably ablo consideration on or about the ad day of march 1887 and shortly before the said act of congress under which said suit b the united states was instituted the baid church received the sum of 63 III your petitioner has brought an said court two other certain suits and had to and was about to begin a third suit which said two suits already brought and the third intended to be brought by him involved and intend to involve all that portion of lot five 5 unblock seventy live 75 plat A salt lake city survey commencing at tho northwest corner of said lot avo 5 and running thence south one hundred and live and one and one third inches thence three hundred and twenty four feet thence norah one hundred and five feet and one and one third inches thence three hundred and twenty four feet to the place of beginning that tho said defendants in said original suit of the united states of america against the late corporation and others and allege that the whole of the porty last above described was prior to the third day of march sold to divers individuals in god faith and for a valuable consideration consid and hat the said church received for sai ro perty the sum of IV your petitioner as such E biver brought another suit in sar court against francis arm rong and the salt lake city railway company a corporation t two thousand and one hue ired and ninety capita tock offee said railway corporation chich had therefore ag your claims been fraudulently transferred by the said late church corporation to the said arancis armstrong that the said defendants in said suit by the united states claim that the said sale was valid made to the said armstrong in faith and for a valuable consideration to wit for the sum cr V your petitioner as such er broughal said third dis brict court against john 0 cutler and the provo manufacturing company a corporation tor tho purpose of recovering shares of the capit dl stock of said provo manufacturing company claimed by your petitioned co have fraudulently transferred b the said late corporation to the saia defendant john J cutler that aard defendants in the said suit of tin united states against the said laak corporation and others claim and as adert that lle was solo ana crans ferre d to the said john C cut prior to the passage of the saia let of march 3 1887 in good faith and for a valuable consideration ana said transfers were valid and binding hat the said stock was at said md is now of the reasonable cash value of VL your petitioner as said receiver brought an action in the tairo district court against zions coop co op mercantile institution a corporation for the purpose of recovering shares or thereabouts of thac capital stock of the said provo manufacturing fac turing company a corporation foi he purpose of recovering shares or thereabouts of the capital stock ol 01 he said provo manufacturing company claimed by your petitioner to have been fraudulently transferred by uke said late church corporation to ahe said zions co ale institution and which the said church and the other code co de in the said suit of the united states of america claim and aver was transferred iu good faith and that tho same is a le jal and valid transfer of said stock to LUG said zions operative cooperative co mercantile eliat the said stock so transferred was and is of the fair cash value of your petitioner further represents that in consideration of the said litigation and of the claims of the saia parties respectively with reference to aho said transfers and ownership 01 adl of said property and for tho purpose of adjusting and settling thac baid suits involving the said property ae said defendants in said original suit of the united states of america against the said late corporation 01 he church of jesus christ of latter jay saints and others have proposed and offered your petitioner by wa of compromise and settlement of said audits and securing the dismissal 01 the same to pay your petitioner jhb following sums of money to wit first fifty five hundred dollars the alleged consideration received b he said church from the said angus it cannon for the land and premises involved in said suit against him second the sum the amount received by the said church from the rates of those portions of the said biot eight 8 in bloch seventy six 76 sold and transferred on or about the second day of march it being agreed however b he said defendants that this settlement if approved by the court shall jot include the claim of your petion at to the northeast comer of said lot bight beginning abc the northeast corner and running phonco south five rods thence west five rods thence dorth biye rods thence east five rods ta the place of beginning being thac portion of the said lot conveyed to the defendant the Salt Lake literary scientific association ID baid suit involving said lot 8 in blocki ja as hereinbefore described and sel forth third the sum of BO reined by said late church corpora ion for the portion of said lot 6 clock 75 in plat A and hereinbefore J described fourth the sum of the value of the said stock so transferred to the said john C cutler fifth the sum of the value of the said astock so transferred to ahe said zions co operative mercantile institution sixth the further sum of being the alleged purchase price paid oy the said francis armstrong to the aid late church corporation for the aid railway stock together with interest thereon at 10 per cent per annum from the date of said alleged sale march until the ad dm of july 1888 making the total payment of and your petitioner further represents that in his opinion and as he is advised by his counsel herein it would be for the best interests of all of said parties to said original action of the said united states against the said late corporation and others to make the said adjustment of all of said litigation therefore your petitioner prays the advice direction and order of this honorable court advising and authorizing thor izing himas such receiver upon he payment lo 10 him of the said aggregate junr of with interest thereon at the rate of 10 per cent per annum from this date to dismiss each and every of the said suits or submit to the entry of decrees therein in favor of the defendants in accordance with the terms bf this settlement tl and au baim daim as receiver to or concerning iho whole of said property every part and barcer thereof excepting only anat portion of eighty seventy six plat A described as follow to wit beginning baal corner of said lot and five rods west five roda thence five rods to the place of beginning and being the premises described aspan ng been on convoyed voyed to the salt lake literary md scientific association and that this court give your peti ioner as such advice direction and orders in tho premises as may be proper and equitable F a dreb receiver of the church of jesus christ of latter day saints P L S PETERS attorneys for petitioner at the conclusion of the reading the judges consulted together for a few moments and then the silence was broken by judge zane who asked do we understand chist to be agreed to by all parties M richards ate have no objections your honor mr young it is merely turning over to the receiver the property he has baen endeavoring to get mr marshall turning over the proceeds of the property judge zane it was made upon agreement of both parties mr young yes judge zane well let the order be made in that way then and it was made mr eichardt Eich ards asked permission of he court in behalf of pox and arm strong to bring suit to recover certain cattle and real estate the property mown as the church farm it was granted on motion of mr peters angus AT cannon was made a party to the church suits and orders were made allowing the payment of stenographers and the examiner at judge zane said not exceeding the usual rate mr peters well the charges are think a little high and we will iut them down some court then adjourned till august |