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Show ilERE IT IS. The Assignment of Emeline A Young to L. B. S. Miller. Ana What Wa3 Done in the Court Yesterday, As stated in the Herald on Tueaday Tuea-day morning, the assignment of Emeline Eme-line A. Young to Lemuel B.S. Miller had been filed in court, and Mr. Miller was substituted as plaintiff in place of tbe original plaintid. The assignment was withdrawn immediately immedi-ately upon being filed, and every attempt at-tempt to get a copy of the new document docu-ment proved futile. However, it was returned yesterday morning, and ye hungry scribe pounced upon it as upon a equare meal. Here it is : Whereas, I, Eoieliae A. Young, as piamtin, and in behalf of myself and other heirs, devisees and legatees ol Bngham Young,, deceased, lately commenced an action in the district court lor tbe Third judicial district ol Utah, in the county of Silt Lake, agaiusl tieore Q Cannou, Albert Carnugion mid Brjyham Young, as executord of the last will of said Britain Young, deceased, and John Taylor and otbere, defendants, in winch tbe said executors are charged with wasting, converting r.nd misappropriating misap-propriating the properly of said estate, and said Taylor and others are charged with holding in trust for tbe heirs and legatees of said deceased a large portion of the property of said aliened ealate to have been misappropriated misappro-priated hy Baid executors: Now, in consideration of the sum of live thousand dollars, ($5,000), to me in hand paid by Lemuel B. 8. Miller, of tbe city of Washington, I hereby assign, transler and convey to said Lemuel B. S. Miller all my right, title and interest in Baid cause ol action, and in and to the property prop-erty Bought to be recovered, and all claims and demands of every nature against said defendants, or either of them, for waste or misappropriating of the property oPsaid estate, or as trustees of any of such property; and I authorize the said Lemuel B. S. Miller to prosecute Baid action in his own name, and receive all the proceeds pro-ceeds thereof; and also authorize my attorneys to procure said Lemuel B. 3. Miller to be substituted in my stead as plaintiH therein. Witness my band and seal, this Sth day of September, seal A. D. 1S79. Emeline A. Yoose. Words "are charged" and "dividends" "divi-dends" on tbirteeuth and twenty-fifth twenty-fifth lines Btruck out before execution. In presence of Edward Chattis, James L. Kino, State of Califosxla, City and County of I ss. San Francisco. J 1 On the 8th day of September, A.D. 1879, before me, Edward Chat-tin, Chat-tin, a commissioner for Utah Terri-toiy, Terri-toiy, in and tor said city and county of San Francisco, California, duly commissioned and sworn, personally appeared Emeline A. Young, per-ionally per-ionally known to me to be the person whose name is subscribed to the foregoing fore-going assignment as a party thereto, and to be tbe individual described in, and who executed the said assignment, assign-ment, and she duly acknowledged to me that she executed the same freely ind voluntarily as her act and deed, und for the uea and purposes therein mentioned. In witness whereof I have hereunto set my hand and seal. affixed my official seal at San Francisco, California, this Sth day ol September, 1S79. Edward Chattin, Commissioner tor Utah Territory in San Francisco, California. On the strength of this it was that an crder wss made substituting Miller a3 plaintiff in tbe suit, in tbo stead of Emeline A. Young, this order, however, how-ever, being subject to revision, if such revision should upon further bearing, be deemed advisable. Yesterday afternoon tbe attorneys for the original heirs in the euit appeared ap-peared in court, and by Judge Tilford, made tbe following motion: In the. District Court for the Third Judicial District of Utah Territory, Salt Lake Canity. Emeline A. Young et at. plaintiffs vs. George Cannon et al, defend- uoia. Said plaintiB, Emeline a Young, by her attorneys, move this court to vacate, revoke and annul the order made, ex parte, in tbie action on tho 29th day ot September. 1S79, substituting substi-tuting Lemual B- 8. Miller as plaintiff plain-tiff therein in the place of said Emeline Eme-line A. Young; or for euch order as sball be mete and proper in the premises, on tbe ground that ssid j order was improvidently aud irregu-1 larly granted, no notice to any ol the parties to said action of tho motion mo-tion lor said order having been given, and on tbe ground that the right ol said Miller to be so substituted is disputed by Baid Emeline A. Young, and she is entitled to be beard against such eubititution and on tbe further ground that such substitution substitu-tion would be prejudicial to to other parties and their attorneys who have an interest iu tbe action and the Bubject thereof. This motion will be founded cn the records and files in this action and on the affidavit of Emeline A. Young, this day filed. Dated September SOtb, 1S79. Tilford fc Hauan, Sutherland & McBbide, Plaintifls Attorneys. Judte Tiiford was proceeding in a brief argument on his motioD, when R. N. Baakin, Esq., appeared in court, and announced that he repre aented Mr. Miller in tbe matter. Thereupon an informal colloquy took place, and finally the following order, which explains itself, was issued: Emeline A. Young, et at. cs. Geo tj-Canucu, tj-Canucu, et al.: Motion having been made io vacate the order made iuthis case yesterday, to substitute Lemuel B. S. Miller for tbe piaiutifl Emeline A. Young, on the ground of a waut of notice ot the application and on the ground that said Miller's rigbt to be so substituted is disputed; therefore, on the motion of Tilford & Hagan and Sutherland fc McBnde, attorneys lor plaintitl;, and alter hearing of R. X. Baskin. attorney attor-ney (or said Miller, it is ordered that on the 2d day of October, said motion may be heard, and on Baid hearing eaid Miller shall be deemed to be applying to be so m Js.i.nUd. and said plaiotith may resist and oppwe such substitution, and such proper proof as the parties may severally otter m iy tben bo made. Ttie nisttvr will rtet in Ibis coudi-tioa coudi-tioa until to morrow moruiog, at tbe opening ol tbo court, wiit'U this sidt itsue will be argued and settled. |