Show MAY LO LOSE E HOME Pathetic Cou lc 1 to o Hold 01 j WOES OF OB THY SAY TRY THE ARE ABE rEIG 2 i I iI This was the d day y set by the Utah I savIngs Trust co company for d directing t the e sherif sheriff to put t In of tl th home of Mai Iary Blakemore and h her r aget aged Blakemore at Fourth t treet et But the day ay of f eject I mert has been postponed tl Tu Tuesday day morin The old Id couple that the they wi will not lf leave t the e home out or of I the they say tey they haV have been e n do de defru I fru d and the e rc will m iao have to tobe tobe be accompanied by Core force The old I people ha have e no place ti go and their married daughters fear that the act wi will result in the death of their i parent parents The Blakemore home has been occupied pied by them for br more more than forty I years I It coyes covers nearly a block of ground on the est east side or of CIty Creek cn canyon on to A and from Fourth to Fifth streets During al all these V the old genteman gentleman has made a scanty santy living ot off the land by keeping up a grden garden He is now In his year and his def deaf and Invalid life partner is in four years ears his junior Allegations of Fraud The story of how the old couple co pl lost their home through an al alleged ged fraudulent lent mortgage borders upon the pa The dates back n near nearly ar arly ly eIght years ago go when a prominent ral real estate d aler idl d i it is neg d the to sign iS some papers purporting to be in witness of a neigh neighbors neighbors bors transaction but which was in realty reality a mortgage of theIr home to se secure secure cure a pretended loan of More the rid eM couple were ere made do de defendants n suit to foreclose the mortgaged prEmises This the they de declare clare wa az the first intimation they had that any on n laid hud claim to their home homeTh Th They declare also they never re received received any money 01 or other lun tion from the check representing the loan and denounce the whole proceed proceeding ing as i a rank fraud Fot Fot the tue of foreclosure the note which formed the bais basis of the S mortgage w w s a assigned b by the bank bankI bankS to William J Menzies the e London cap capitalist who ho has ha a number of Invest Investments Investments I ments In Utah and by him the fore foreclosure foreclosure closure suit was brougHt By reason of the fact that Menzies appeared to tobe tobe be an Innocent holder of the note and mortgage the district court ruled that the defense could not set up the ale alle gatlon of fraud as against the fore closer and consequently the plaintiff wa was given judgment for the amount of his claim and a decree of foreclosure The supreme curt court has never neer passed upon the issues s New Suit uit Instituted However recent recently the bank had con conveyed conveyed back to It from Menzles the Blakemore homestead and as soon as asI I I became known that this was the fact and that the bank was making contracts of sale for building lots of off the land the by their at W v F Wanless Van less Instituted a anew anew new sui suit in the district eO cout it to annul the mortgage and al all proceedings On the gound ground that the I original holders of the note anti and mort mortI gue gae had obtained tte title ag 1 in to toe the I securities the allegations pf of fraud were renewed I It was designed that this acton action would have hae the effect of re restraining restraining straining the execution of the writ of ejectment which had been granted b by bythe the cOrt court but In this te the old ld people were wele disappointed and the cs cash wi will come up for trial on is its meris at the September term of court Compromise Proposed In the m meantime a forcible ejectment against the is imminent for Tuesday morning moring In the hope of arranging affairs for his so that the they may lve live on the old homestead during their few remain remaining remaining ing years Wanless Vanless his has wih with the consent of the old and their heirs proposed that the bank gant grant the a lre lire leae lease on the old oldhouse oldhouse house and a part of the grund ground In Inconsideration inconsideration consideration of the aged couple giving giving ing l a quit uit claim deed to al all of the theland land This propoSal was made after offering to l let t the bank sel sell the land take out enough it its caim claim In ful full and payIng the the balance but both propositions were re refused refused fused by the bank sid said attorney torney Wanless last evening The property in dispute Is now val valued valued by the ban hank at Attorney said last evening that no nn charge of fraud would be made against the bank although he expected to be able to prove that a former of official o of the bank ha had notice of the perpetration of the fraud at the time it was vas practiced upon the old couple The attorney added that lie he was pre prepared prepared pared o prove that the real estate agent had repeatedly basted boasted that it was te the smoothes smoothest piece of work he hud had ever eer done In inducing the Blake mores to sign a note anti and mortgage on on representations they were merely signing signing their names as witnesses to a act of conveyance |