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Show THK LATEST MOVE. Tlie Executors Under Arrest. Boreman WilliDg to do WJbat Euitjraon Refused. Aa was expeoled tbe attorneys for the plaintiff in tbe heir suit preaded tbo ma'ter etill furtber. Yesterday afternoon tliey appeared before Judge Boreman, sitting temporarily during the atwrnce of Judge Emeraon, and having filed alii davits (given below) jibey moved tbe court to ieBue a writ of a'.tAcbment for tbe persons of George Q. Cannon, Albert Oarrington and Brighara Young, executors, and John Taylor of the defendanta, for a failure to comply wuh Lhe previous order of the court directing them to transfer certain epecified property in their possession to Receiver McCor-aick. McCor-aick. Tbe motiou was granted and the writ of attachment mado return- j able at once. It was, however, stipulated stipu-lated on the warrant itr.it unon filing a bond of $5,0U0 each, they might retain tboir liberty, and upon tbe warrant or writ being served of couree it was decided to file tbe requisite bouda, which was done last evening. Upon stipulation of the parties tbe bearing in the matter was Bet for 2 o'clock on Monday alternoou, when Judge Emerson will again be on the bcai.'ti. As stated yuiterdny morning, the attorneys for the plaintiff plain-tiff threatened to eflect the issuance of a warrant, wJiich baa been carried out. Wb'it Pitrtbly occasion there waa for it does not appear, aa no re- uGal had been mado by the parties to come into court and answer the cbnrgo of contempt, and there was no possibility of their being absent, should thoy be wanted. However, it is one of those things which attorneys can readily efleot, with tbe sympathy of a pious judge. Following are tbe affidavits: District Court, Third Judicial District, Utah Territory. Eraelino A. Young, in behalf of herself axel the hoirs-rit-law and legatees and beneOciaries under tbe last will and testament of Brigham Young, lato ol Salt Lake Count,, Utah Territory, deceased, de-ceased, plaintiff, aud Louisa W. Y. Ferguson, et at., co-plaintitl, vs. Geo. Q. Uannon, Albert- Larrington and Urijjhrim Young, executors of the lnet will nd testament of Brigbam Young, decnHsed, and John Taylor et at,, defendant de-fendant s. Tkbbitory or Utah, Salt Lake County. J W 8 McCornick, being first duly sw Tn, deposes as follow-: I was ap-uointcd ap-uointcd a receivfr by order of the court, in this action on tho 14th day of June. 1879, and havo beou actir g as a receiver siuce Hie lbth day of June, 1879. On the 19th day of June, 1S79, I personally made demand upon Brigham Young and John I 'ay lor for delivery to ma of all tho property, money, utlects and assets in iho bands i f either of tbfijn or under their control, embraced in said order, belonging belong-ing to or derived from tho estato of s -id Bribam Young, deceased; that afterward after-ward I made like demands of tbo do-fondants do-fondants Albert I'arrington and George 1. Cannon. In reauonse to my first demand, de-mand, as aforesMij, and after tho order requiring the delivery of the property of said estute hud boon duly served on each of said defendants, ae I state on information in-formation and belief, I received from Biigham Young in behalf of himielf and (Joorga Q. Cannon and Albert Carring-ton Carring-ton tho lollowing described property: 339 tliares Utah Southern It. R. Stock, 152 " Ueseret National Bank Stock, 6 " Utah Northern li K. Stock, 2 " Utah Western R. R. Stock, 1!) bonds, 81,000 each, Utah West. R.R, 1 promissory noto, Oscar B. Youog, 5150. Tho abnvo property was delivered to me on tbo liOtb day af June, 1870. 1 further state that on thia day I havo received from eaid executors tho follow-irg follow-irg other property and assets, by them duiivered as property embraced by said order of the c- urt, to wit: j 14G Fhares Provo Factory stock. 311 shares Salt Lako City Railroad stock. Salt Lake City Railroad Company' note lor $7, 000, with credits of $0,821.43 tber.'OD Also order on Salt Lake City Gsa Company Com-pany for 322 shares of etock in said company. com-pany. Said executors further claimed that said estato was entitled to ten shares of what is called Rio Virgon stock, which they were willing to deliver when the cerullcatfls could bo found said stock beinic regarded as of littlo value 1 further fur-ther Btate that on the 19ta day of June, 1S79, when demand was made upon said Taylor as- aforesaid, I was referred by him to his attorney?, and no property Of nny kind or UoicriptiiQ was delivorod to me by him. Afterwards, and on tho th day of July, 1879, said Taylor delivered de-livered to me, as receiver, tho following described property, as property and and assets embraced in tho order of tbo court, to wit; 1101 shares nf the stock of the Salt Lako City Railroad Company. 5U0 shares of Provo Factory tstock. That no other or further properly, moneys or assets, except as above siatod, have been delivered by said defendants or either of them, to ibiu alliant, as ro-ceivor ro-ceivor of the court. W. S. McCornick, Receiver. Sworn to and subscribed beforo mt this 12th day of July, 187'.). Edw. P. Sutherland, l. s. Notary Public. In the District Court of the Third Judicial District of the Territory of Utah, Salt Lake County. Eninlino A. Young, suing fur herself at.d all tho beirs-aL-law, legatees, devi-cvu? devi-cvu? und ben'Ucia' ies under tho la-t will and testament of Bribam Young, deceased, including Louisa W. Y. ' Fergusm, Mnrinda li. Y. Co rad, Dora Young, Ernest 1 Young, Vilato Y. Docker aud Kli.aboth Y. Ellsworth Ells-worth who havo alt-o appeared as co-plain co-plain tflV, plaintiffs, vs. Gcorgo O.. Cannon, Albert Carrington and Brig-bam Brig-bam Young, executors of the estate of Biigham Young, deceased, and John Taylor, John Sharp, Edward Hunter, lioraco 6. Eldrcdge, George Guddard, Leonard V. Hardy, Thoo. McKenn, Joseph C. Kingsbury and Angus M. Cannon, defendant. Tkiirjtory of Utau, 1 Salt Lako County, J J. G. Sutherland and J. K. McBride, being duly bworn, each for himself says: That 1 am informed and believe- that since the death of said Brigliam Young and the receipt of this property and Onlaie by swid Geo- t. Cannon, Albert Cartingion and Brigliam Young, as executor!", ex-ecutor!", they hnvo retained in their hands, beii t's 3 per cent on Ihn amount of said properly dieptcd of by them to John tiylor, as stated in tho pleadings .n this cn.-e, auionnling lo between S2u,iH)0 and S30.000, other large amount!; for irregular and unauLhoried eipunditures, under color of tlieir ollieo as exeeuiors, among which are, as I believe and am informed, about 3-5,000 paid by thorn for the pri-vato pri-vato debts of j')hQ Will ard Young, and several thousand dollars to certain of the bcnr'ikiiries under said will, to silence objection ob-jection or procure cogent tn the plans of administration of toi.1 e.l.ile, w tilth said execu ors desired to earry intoelVect. Tho rotcntion of p- r centnge on the prperly and assets transferred lo JoliiiTylor, appears by the pleadings, and my infor- lunlio'.t in refptcl to exprndilurea for John Willurd Young, is derived in part from conversation wuh persuni Lo whom . said motiry was in part paid, and the. other expenditures 1 am informed of by c nver.-nLioua with parties familiar 1 with the proctvdngi cf faia executors and common - rumors, ninongthe devices under said will, and al;o from Uu- inventcrk-s and vyuehen in the probate couit of said cuu. ty. t'gUoJ) J G. Si TB rtRLAN D. Jon . R. McBkidie. Sworn to and subscribed bef jre me, this 12th d,y of July, 1&79. Edward P. Sctukrland, Notary Public. Following ia tbe order for a writ of attachment: In the District Court, Third Judicial District, Utah Territory, Emeline A. Young et at,, plaiotifli, vs. George Cannon, Albert Carrirgtoo and Rrigbam Y'uung, executors of ilia last will and testament of Brifham Young, deceased, and John Taylor ct al , defendants. At a session of tho court, held at the cdcral Court HjU!C, Wasatch Building, Salt Lake City, Salt Lake County, Utan, on the 12th day f July, 1879, present J. Boreman, judge, on reading and filing the atGdavits ol W. S. McCornick. ro-eeiyer ro-eeiyer in this action, and others, and on reading the pleadings lilod in this action, and inspection of the files and proceedings in the case, showing tho violation of the order of the court heretofore made for an injuction and receiver, and that tho said order has been disregarded in material particulars, by tho non-delivery of certain cer-tain property, moneys and asteta of said estate, which said defendants, Cannon, Ca-Tingion and Brigham Young, executors, ex-ecutors, and said John Taylor, havo ' heretofore received, as required by said order, and on motion of Tilford & tlngan and Sutherland & Mc Bride, plain LiuV attorneys, Jt is ordered that an attachment, as for contempt, bo iBsued against tbe a aid defendants, Georgo Q. Cannon, Albert Carringlon, Brigham Y'oung ai.d John Taylor, returnable forthwith beforo this court or tho judge thereof. Jacob S. Bobkuan, Judge. |