Show Judge Bartch Affirmed William Bailey appellant vs Sidney Stevens et al Judgment of the lower court affirmed The appeal is from the Fourth district dis-trict court Judge Miner presiding The complaint was filed on February 26 1891 to compel Sidney Stevens to convey to the plaintiff certain land and to have the claim of one of the defendants Thornton decreed void I Thornton filed answer denying the allegations I al-legations and by crosscomplaint setup I set-up his possession ever since September Septem-ber 1884 that he paid for the land and for his right to conveyance from defendant de-fendant Stevens and one Nathaniel Montgomery and that Stevens was ready and willing to so convey but that Montgomery was attempting to I acquire interests in the lands and w in collusion with plaintiff and failed to convey to him Montgomery was I made a party defendant and he answered an-swered i The case was tried March 30 to April 4 1891 and the decision of the ourt was rendered on April 28 in Thorntons favor On March 71892 the plaintiff filed motion for a new trial which was overruled and in December 1892 the plaintiff appealed and prayed for a new trial and stay of proceedings The original pleading were destroyed in a fire at Ogden which was another ground for a motion for a new trial |